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I'm curious as to where you got your information that the child has only 1 percent Cherokee blood. Although the requirements differ among the various bands of the Cherokee Nation, none of them allow anyone who has a blood quantum of less than 1/16th to enroll as a tribal member. Most of the bands require a quantum of at least 1/4th Cherokee blood...and they must prove direct lineage to an ancestor who signed the Dawes Rolls.
I've read most of the articles published online about this case in recent days, and none of them state anything about the child only being 1-percent Cherokee.