Supreme Court OKs Native Indians’ Fuel Tax Exemption, 5–4 – IOTW Report

Supreme Court OKs Native Indians’ Fuel Tax Exemption, 5–4

Epoch Times: WASHINGTON—A divided Supreme Court ruled 5–4 that an 1855 treaty between the U.S. government and the Yakama Indian tribe prevents Washington state from levying a fuel import tax on businesses owned by the tribe, a decision that could embolden tribal businesses nationwide to challenge states’ authority to collect taxes from such operations across the United States.

The March 19 ruling, in which Justice Neil Gorsuch, a Trump appointee, joined four liberal justices on the court, came in the case of Washington State Department of Licensing v. Cougar Den Inc.

Native American-owned Cougar Den Inc. in Washington state brings in gasoline to the Yakama reservation for sale at Yakama gas stations from nearby Oregon over 27 miles of Washington state highway that overlaps with traditional Native American trading routes. In March 2013, Cougar Den began shipping motor vehicle fuel from Oregon to the reservation to sell at tribal gas stations. Cougar Den paid the relevant federal and tribal taxes on the gasoline sold but didn’t pay taxes to Washington state.

The state of Washington sued the business in December 2013 for failing to pay $3.6 million in excise taxes on the fuel. Cougar Den fought the tax assessment, asserting that, because it was owned by a Yakama tribe member, it was not required to pay certain taxes under the right to travel guaranteed in the treaty. The treaty does not mention taxes, fuel, or off-reservation trading rights, although it does provide tribal members with “the right, in common with citizens of the United States, to travel upon all public highways.”  more here

19 Comments on Supreme Court OKs Native Indians’ Fuel Tax Exemption, 5–4

  1. I was in Omak when a bunch of know it alls from Seattle and Portland showed up and tried to start some shit over The Suicide Race. That was ~ ’04-05. The tribe more or less told them to go pound sand.

    Oh, and they don’t bother to come around looking to stir up trouble any longer.

    These eastside Washington/Oregon Tribes have had just about enough of the meddling in their affairs.

    ICYMI
    Colville Tribes opens wolf hunting year-round, removes harvest limit
    http://www.tribaltribune.com/news/article_74571bec-3935-11e9-a957-ebab8accde8b.html

    That is basically The Twelve Tribes telling the leftwing shitfingers running the State of Washington to fuck off.

    22
  2. Guess it depends on the wording of the Treaty.

    Course, the FedGov can break Indian treaties at will, but maybe the States ain’t “allowed” to? That’s pretty much what the Supremes are stating. Why should an independent “nation” have to pay taxes to any other? Sort of the “suzerainty” of feudal days?

    izlamo delenda est …

    7
  3. Good on the original negotiators for the natives for obtaining tax-free fossil fuels for them! What foresight!

    I wish my colonial ancestors had cared as much for me.

    2
  4. @ Anonymous MARCH 22, 2019 AT 12:44 PM

    They were starved into accepting a treaty on the federal Government’s terms. They had absolutely nothing to do with drafting the terms of the treaty, and you would deny them what they were promised?

    2
  5. Chief Justice John Roberts wrote a dissenting opinion.

    “Because Washington is taxing Cougar Den for possessing fuel, not for traveling on the highways, the State’s method of administering its fuel tax is consistent with the treaty.”

    And loyal citizens wonder how something as plain as The Second Amendment can be infringed.

    (I would say, “We’ll always have rope.” But I know loyal citizens like lubricating and caressing their guns — boots off, feet up, on the couch. Rope is only for sale, not use.)

  6. @JDH, I was being sarcastic (@12:59, the next Anon wasn’t me)

    Can we agree that governments can rarely be trusted to do right? Especially when they think no one is watching.

    9
  7. Damn it!!!!!

    http://www.yakamanation-nsn.gov/treaty.php

    The ruling is in line with what two lower courts previously decided. The case hinged on interpreting a special “right to travel” clause in the Yakama Treaty of 1855. A similar clause is found in only two other treaties: the Confederated Salish and Kootenai Tribes in Montana and the Nez Perce Tribe in Idaho.

    1

Comments are closed.