Confederated Bands and Tribes of the Yakima Indian Nation v. State of Washington

SNEED, Circuit Judge:

The Yakimas argue before this court en banc that PL-280 did not authorize Washington to assume partial jurisdiction and that Rev.Code Wash. § 37.12.010 is accordingly invalid.

We must first decide whether the Supreme Court’s summary dismissals in Tonasket v. Washington, 420 U.S. 915, 95 S.Ct. 1108, 43 L.Ed.2d 387 (1975) and Makah Indian Tribe v. Washington, 397 U.S. 316, 90 S.Ct. 1115, 25 L.Ed.2d 335 (1970) foreclose the issue. We can dispose of Tonasket quickly because the Supreme Court of Washington did not address the partial assumption question (as it did the…