Washington State Department of Licensing v. Cougar Den Inc.
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 16-1498 | Oct 30, 2018 | 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
- Opinion analysis: Washington state motor-fuel tax violates Yakama Treaty (Bethany Berger, March 20, 2019)
- OT2018 #6: "Hook 'Em, Tom" (First Mondays, November 5, 2018)
- Argument analysis: Justices conflicted in clash between fuel tax and Yakama Treaty (Bethany Berger, October 31, 2018)
- Argument preview: A tax lion in the Cougar Den? -- Treaties versus taxes in federal Indian law (Bethany Berger, October 23, 2018)
- Court sends battles over services for same-sex couples, North Carolina gerrymandering back to lower courts (Updated) (Amy Howe, June 25, 2018)
- Justices issue second order list from "long conference" (Amy Howe, October 2, 2017)
| Date | Proceedings and Orders |
|---|---|
| 06/14/2017 | Petition for a writ of certiorari filed. (Response due July 17, 2017) |
| 07/13/2017 | Order extending time to file response to petition to and including August 16, 2017. |
| 07/17/2017 | Brief amici curiae of The States of Idaho, et al. filed. |
| 07/17/2017 | Brief amici curiae of Washington Oil Marketers Association, et al. filed. |
| 08/16/2017 | Brief of respondent Cougar Den, Inc. in opposition filed. |
| 08/16/2017 | Brief amicus curiae of Confederated Tribes and Bands of the Yakama Nation filed. |
| 08/29/2017 | Reply of petitioner Washington State Department of Licensing filed. (Distributed) |
| 08/30/2017 | DISTRIBUTED for Conference of 9/25/2017. |
| 10/02/2017 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 05/15/2018 | Brief amicus curiae of United States filed. |
| 05/29/2018 | DISTRIBUTED for Conference of 6/14/2018. |
| 05/30/2018 | Supplemental brief of respondent Cougar Den, Inc. filed. (Distributed) |
| 06/18/2018 | DISTRIBUTED for Conference of 6/21/2018. |
| 06/25/2018 | Petition GRANTED. |
| 08/09/2018 | Brief of petitioner Washington State Department of Licensing filed. |
| 08/09/2018 | Joint appendix filed. |
| 08/15/2018 | Brief amici curiae of The Washington Oil Marketers Association and the Washington Association of Neighborhood Stores filed. |
| 08/16/2018 | Brief amicus curiae of United States filed. |
| 08/16/2018 | Brief amici curiae of Multistate Tax Commission and Federation of Tax Administrators filed. |
| 08/16/2018 | Brief amici curiae of The States of Idaho, et al. filed. |
| 08/16/2018 | Brief amici curiae of Public Health Organizations filed. |
| 08/17/2018 | Motion for an extension of time to file respondent's brief on the merits filed. |
| 08/20/2018 | SET FOR ARGUMENT on Tuesday, October 30, 2018 |
| 08/24/2018 | Motion to extend the time to file respondent's brief on the merits granted and the time is extended to and including September 17, 2018. |
| 09/10/2018 | Record requested from the Supreme Court of Washington. |
| 09/12/2018 | CIRCULATED |
| 09/12/2018 | Brief amicus curiae of Sacred Ground Legal Services filed. (Distributed) |
| 09/17/2018 | Brief of respondent Cougar Den, Inc. filed. (Distributed) |
| 09/21/2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 09/24/2018 | Brief amicus curiae of National Congress of American Indians filed. (Distributed) |
| 09/24/2018 | Brief amici curiae of Nez Perce Tribe, et al. filed. (Distributed) |
| 09/24/2018 | Brief amici curiae of Confederated Tribes and Band of the Yakama Nation filed. (Distributed) |
| 10/09/2018 | Motion 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. |
| 10/17/2018 | Reply of petitioner Washington State Department of Licensing filed. (Distributed) |
| 10/18/2018 | Record received from the Supreme Court of Washington is electronic and located on PACER. |
| 10/30/2018 | Argued. 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. |
| 03/19/2019 | Adjudged 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. |
| 04/22/2019 | JUDGMENT ISSUED. |
| 04/22/2019 | MANDATE ISSUED. |