Gorsuch's Take On Treaty And Tax Bodes Well For Tribes
By Andrew Westney (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...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!