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Analysis

Gorsuch's Take On Treaty And Tax Bodes Well For Tribes

Law360 (March 20, 2019, 9:44 PM EDT) -- The U.S. Supreme Court bolstered the Yakama Nation's rights Tuesday when it ruled that a tribal company is shielded from a Washington state fuel tax by the Yakamas' federal treaty, but Justice Neil Gorsuch's robust concurrence could prove of greater long-term consequence as it shows the justice poised to become a swing vote in tribal cases.

The court's plurality opinion by Justice Stephen Breyer methodically broke down how the state's motor fuel tax functions, ultimately backing a Washington Supreme Court decision that the tax burdened the tribe's right to travel under its 1855 treaty because it targeted the tribe's transportation of...

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