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Washington State Department of Licensing v. Cougar Den Inc.

Docket No.16-1498
Op. BelowWash.
ArgumentOct 30, 2018
Vote5-4
AuthorStephen G. Breyer
OpinionMar 19, 2019
TermOctober Term 2018
SCOTUS PageOpinion

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 Stephen G. Breyer on Mar 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.

Proceedings & orders timeline

Jun 14, 2017
Petition for a writ of certiorari filed. (Response due July 17, 2017)
Jul 13, 2017
Order extending time to file response to petition to and including August 16, 2017.
Jul 17, 2017
Brief amici curiae of The States of Idaho, et al. filed.Jul 17, 2017
Brief amici curiae of Washington Oil Marketers Association, et al. filed.Aug 16, 2017
Brief of respondent Cougar Den, Inc. in opposition filed.Aug 16, 2017
Brief amicus curiae of Confederated Tribes and Bands of the Yakama Nation filed.Aug 29, 2017
Reply of petitioner Washington State Department of Licensing filed. (Distributed)
Aug 30, 2017
DISTRIBUTED for Conference of 9/25/2017.
Oct 2, 2017
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 15, 2018
Brief amicus curiae of United States filed.
May 29, 2018
DISTRIBUTED for Conference of 6/14/2018.
May 30, 2018
Supplemental brief of respondent Cougar Den, Inc. filed. (Distributed)
Jun 18, 2018
DISTRIBUTED for Conference of 6/21/2018.
Jun 25, 2018
Petition GRANTED.
Aug 9, 2018
Brief of petitioner Washington State Department of Licensing filed.Aug 9, 2018
Joint appendix filed.Aug 15, 2018
Brief amici curiae of The Washington Oil Marketers Association and the Washington Association of Neighborhood Stores filed.Aug 16, 2018
Brief amicus curiae of United States filed.Aug 16, 2018
Brief amici curiae of Multistate Tax Commission and Federation of Tax Administrators filed.Aug 16, 2018
Brief amici curiae of The States of Idaho, et al. filed.Aug 16, 2018
Brief amici curiae of Public Health Organizations filed.Aug 17, 2018
Motion for an extension of time to file respondent's brief on the merits filed.
Aug 20, 2018
SET FOR ARGUMENT on Tuesday, October 30, 2018
Aug 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.
Sep 10, 2018
Record requested from the Supreme Court of Washington.
Sep 12, 2018
CIRCULATED
Sep 12, 2018
Brief amicus curiae of Sacred Ground Legal Services filed. (Distributed)Sep 17, 2018
Brief of respondent Cougar Den, Inc. filed. (Distributed)Sep 21, 2018
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.Sep 24, 2018
Brief amicus curiae of National Congress of American Indians filed. (Distributed)Sep 24, 2018
Brief amici curiae of Nez Perce Tribe, et al. filed. (Distributed)Sep 24, 2018
Brief amici curiae of Confederated Tribes and Band of the Yakama Nation filed. (Distributed)
Oct 9, 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.
Oct 17, 2018
Reply of petitioner Washington State Department of Licensing filed. (Distributed)
Oct 18, 2018
Record received from the Supreme Court of Washington is electronic and located on PACER.
Oct 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.
Mar 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.
Apr 22, 2019
JUDGMENT ISSUED.
Apr 22, 2019
MANDATE ISSUED.

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