Washington State Department of Licensing v. Cougar Den Inc.

Docket No. Op. Below Argument Opinion Vote Author Term
16-1498 Wash. Oct 30, 2018
Tr.Aud.
Mar 19, 2019 5-4 Breyer OT 2018

Holding: The Supreme Court of Washington’s judgment -- that the “right to travel” provision of the 1855 Treaty Between the United States and the Yakama Nation of Indians pre-empts the state’s fuel tax as applied to Cougar Den’s importation of fuel by public highway for sale within the reservation -- is affirmed.

Judgment: Affirmed, 5-4, in an opinion by Justice Breyer on March 19, 2019. Justice Breyer announced the judgment of the court and delivered an opinion, in which Justices Sotomayor and Kagan joined. Justice Gorsuch filed an opinion concurring in the judgment, in which Justice Ginsburg joined. Chief Justice Roberts filed a dissenting opinion, in which Justices Thomas, Alito, and Kavanaugh joined. Justice Kavanaugh filed a dissenting opinion, in which Justice Thomas joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 14 2017Petition for a writ of certiorari filed. (Response due July 17, 2017)
Jul 13 2017Order extending time to file response to petition to and including August 16, 2017.
Jul 17 2017Brief amici curiae of The States of Idaho, et al. filed.
Jul 17 2017Brief amici curiae of Washington Oil Marketers Association, et al. filed.
Aug 16 2017Brief of respondent Cougar Den, Inc. in opposition filed.
Aug 16 2017Brief amicus curiae of Confederated Tribes and Bands of the Yakama Nation filed.
Aug 29 2017Reply of petitioner Washington State Department of Licensing filed. (Distributed)
Aug 30 2017DISTRIBUTED for Conference of 9/25/2017.
Oct 02 2017The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 15 2018Brief amicus curiae of United States filed.
May 29 2018DISTRIBUTED for Conference of 6/14/2018.
May 30 2018Supplemental brief of respondent Cougar Den, Inc. filed. (Distributed)
Jun 18 2018DISTRIBUTED for Conference of 6/21/2018.
Jun 25 2018Petition GRANTED.
Aug 09 2018Brief of petitioner Washington State Department of Licensing filed.
Aug 09 2018Joint appendix filed.
Aug 15 2018Brief amici curiae of The Washington Oil Marketers Association and the Washington Association of Neighborhood Stores filed.
Aug 16 2018Brief amicus curiae of United States filed.
Aug 16 2018Brief amici curiae of Multistate Tax Commission and Federation of Tax Administrators filed.
Aug 16 2018Brief amici curiae of The States of Idaho, et al. filed.
Aug 16 2018Brief amici curiae of Public Health Organizations filed.
Aug 17 2018Motion for an extension of time to file respondent's brief on the merits filed.
Aug 20 2018SET FOR ARGUMENT on Tuesday, October 30, 2018
Aug 24 2018Motion to extend the time to file respondent's brief on the merits granted and the time is extended to and including September 17, 2018.
Sep 10 2018Record requested from the Supreme Court of Washington.
Sep 12 2018CIRCULATED
Sep 12 2018Brief amicus curiae of Sacred Ground Legal Services filed. (Distributed)
Sep 17 2018Brief of respondent Cougar Den, Inc. filed. (Distributed)
Sep 21 2018Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 24 2018Brief amicus curiae of National Congress of American Indians filed. (Distributed)
Sep 24 2018Brief amici curiae of Nez Perce Tribe, et al. filed. (Distributed)
Sep 24 2018Brief amici curiae of Confederated Tribes and Band of the Yakama Nation filed. (Distributed)
Oct 09 2018Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Kavanaugh took no part in the consideration or decision of this motion.
Oct 17 2018Reply of petitioner Washington State Department of Licensing filed. (Distributed)
Oct 18 2018Record received from the Supreme Court of Washington is electronic and located on PACER.
Oct 30 2018Argued. For petitioner: Noah Purcell, Washington State Solicitor General, Olympia, Wash.; and Ann O'Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Adam G. Unikowsky, Washington, D. C.
Mar 19 2019Adjudged to be AFFIRMED. Breyer, J., announced the judgment of the Court and delivered an opinion, in which Sotomayor and Kagan, JJ., joined. Gorsuch, J., filed an opinion concurring in the judgment, in which Ginsburg, J., joined. Roberts, C. J., filed a dissenting opinion, in which Thomas, Alito, and Kavanaugh, JJ., joined. Kavanaugh, J., filed a dissenting opinion, in which Thomas, J., joined.
Apr 22 2019JUDGMENT ISSUED.
Apr 22 2019MANDATE ISSUED.
 
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