Muscogee (Creek) Nation v. Henry

ORDER

JAMES H. PAYNE, District Judge.

Now before the Court is the Motion to Dismiss filed on behalf of the Oklahoma Tax Commission and its members [Doc. 35], and the Motion to Dismiss filed on behalf of Attorney General Edmondson [Doc. 36]. The instant case, commenced by the Muscogee (Creek) Nation, a federally-recognized Indian Tribe (“the Nation”), concerns the Nation’s sale of cigarettes and tobacco products. The Nation challenges Oklahoma Tax Statutes which impose an excise tax on all non-tribal member consumers who purchase cigarettes and tobacco products from retailers located on the…