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Expert Analysis

Takeaways From Justices' Divergent Tribal Tax Treaty Opinion

By Catherine Munson and Rachel Saimons (March 26, 2019, 6:21 PM EDT) -- In Washington State Department of Licensing v. Cougar Den Inc.,[1] the United States Supreme Court delivered its first Indian law decision of this term and since Justice Brett Kavanaugh joined the court in a highly fractured ruling involving the question of whether a state tax infringes on a tribal treaty right. The court concluded that the Yakama Nation's 1855 treaty provision reserving for the nation "the right, in common with citizens of the United States, to travel upon all public highways," preempts the application of a Washington state fuel tax on Cougar Den, a wholesale fuel importer owned by a Yakama Nation tribal member.[2]...

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