Statutory Interpretation – Fuel Import Tax

By: Derek Hawkins//April 24, 2019//

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United States Supreme Court

Case Name: Washington State Department of Licensing v. Cougar Den, Inc.

Case No.: 16-1498

Focus: Statutory Interpretation – Fuel Import Tax

The State of Washington imposes a tax upon fuel importers who travel by public highway. The question before us is whether an 1855 treaty between the United States and the Yakama Nation forbids the State of Washington to impose that tax upon fuel importers who are members of the Yakama Nation. We conclude that it does, and we affirm the Washington Supreme Court’s similar decision.

Affirmed

Dissenting: ROBERTS, C. J., filed a dissenting opinion, in which THOMAS, ALITO, and KAVANAUGH, JJ., joined. KAVANAUGH, J., filed a dissenting opinion, in which THOMAS, J., joined.

Concurring: GORSUCH, J., filed an opinion concurring in the judgment, in which GINSBURG, J., joined.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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