Washington State Dept. of Licensing v. Cougar Den, Inc.
Supreme Court of the United States
1Opinion of the Court
Thus, we must turn to the question whether this fuel tax, falling as it does upon members of the Tribe who travel on the public highways, violates the treaty.
III
A
In our view, the State of Washington's application of the fuel tax to Cougar Den's importation of fuel is pre-empted by the treaty's reservation to the Yakama Nation of "the right, in common with citizens of the United States, to travel upon all public highways." We rest this conclusion upon three considerations taken together.
First, this Court has considered this treaty four times previously; each time it has considered language…
Also in this document: Concurring in the judgment; Dissent · Roberts; Dissent · Kavanaugh.
2Cases cited12 opinions
- Mescalero Apache Tribe v. JonesSupreme Court of the United States · 1973
- Washington v. Washington State Commercial Passenger Fishing Vessel Assn.Supreme Court of the United States · 1979
- United States v. WinansSupreme Court of the United States · 1905
- Eastern Airlines, Inc. v. FloydSupreme Court of the United States · 1991
- Puyallup Tribe v. Department of Game of Wash.Supreme Court of the United States · 1968
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- Skokomish Indian Tribe v. Jamestown S'klallam TribeCourt of Appeals for the Ninth Circuit · 2019
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