OwlTail

Cover image of Cougar Den

Cougar Den Podcasts

Read more

5 of The Best Podcast Episodes for Cougar Den. A collection of podcasts episodes with or about Cougar Den, often where they are interviewed.

Read more

5 of The Best Podcast Episodes for Cougar Den. A collection of podcasts episodes with or about Cougar Den, often where they are interviewed.

Updated daily with the latest episodes

Episode artwork

Washington State Department of Licensing v. Cougar Den Inc. - Post-Decision

Play
Read more
On March 19, 2019, the Supreme Court decided Washington State Department of Licensing v. Cougar Den, Inc., a case involving the 1855 Treaty between the United States and the Yakama Nation of Indians, and whether the “right to travel” granted within the treaty preempts the state’s fuel tax on the importation of fuel.
Cougar Den, Inc. is a wholesale fuel importer that is owned by a member of the Yakama Nation. Cougar Den imports fuel from Oregon via Washington public highways to the Yakama Reservation where it is sold to Yakama-owned gas stations within the reservation. In 2013, the Washington State Department of Licensing, because Cougar Den imports the gas by using Washington public highways, assessed the importer $3.6 million in taxes, penalties, and licensing fees. Cougar Den appealed to the Washington Superior Court, claiming that the 1855 Treaty between the United States and the Yakama Nation preempts this tax, since it reserves, among other things, the “right, in common with citizens of the United States, to travel upon all public highways.” The Washington Superior Court held that the tax was preempted by the Treaty, and the Washington Supreme Court affirmed that judgment on appeal.
Washington then petitioned the U.S. Supreme Court for certiorari, arguing that the 1855 treaty does not forbid the State from imposing a state-wide tax on all fuel importers who transport fuel via ground transportation, including those members of the Yakama Nation. The Supreme Court granted certiorari to consider whether the 1855 treaty preempts this importation tax on members of the Yakama Nation.
By a vote of 5-4, the Supreme Court affirmed the judgment of the Supreme Court of Washington, but without a majority opinion. Justice Breyer, joined by Justices Sotomayor and Kagan, concluded for a plurality that “the ‘right to travel’ provision of the 1855 Treaty between the United States and the Yakama Nation of Indians pre-empts the state’s fuel tax as applied to Cougar Den’s importation of fuel by public highway for sale within the reservation.” Justices Gorsuch and Ginsburg filed an opinion concurring in the judgment--thereby providing the necessary additional votes to affirm the lower court--but on a different rationale. Unchallenged factual findings as to the Yakamas’ understanding of the 1855 treaty terms, they reasoned, indicate that the treaty “does not permit encumbrances on the ability of tribal members to bring their goods to and from market.” Chief Justice Roberts dissented, joined by Justices Thomas, Alito, and Kavanaugh. Justice Kavanaugh also filed a dissenting opinion, which was joined by Justice Thomas.
To discuss the case, we have Tom Gede, Principal at Morgan Lewis.
Mar 28 2019 · 12mins
Episode artwork

Wa dept lisc. v Cougar den (Indian Treaties & fuel tax exemption)

Play
Read more

An 1855 treaty pre-empts Washington state’s ability to Tax the Yakama nation’s importation of fuel. 

Support the show (https://paypal.me/SCOTUSsyllabus)

Mar 20 2019 · 9mins

Similar People

Encino Motorcars

Bucklew v. Precythe

Allen v. Cooper

Montana Dept

Abbott v. Perez

Mathena v. Malvo

Artis v. District

Nasrallah v. Barr

Hawaii v. Hawaii

McCoy v. Louisiana

Gill v. Whitford

Barton v. Barr

Lamone v. Benisek

Sveen v. Melin

Henry Schein

Episode artwork

Pageant Drama, the Cougar Den, and a Fake Hand

Play
Read more

This week Day and LJ cover episode two and three of Colton’s season of The Bachelor. It’s a longer episode as there’s a ton to cover! Mic drops, awkward hot tub moments, roller coaster kisses, spankings, and unnecessary drama galore! Listen as Day unravels after making a comparison that LJ is not onboard with. It may be worth noting that Day was starting to get sick and may have been a bit loopy…enjoy!

Jan 26 2019 ·
Episode artwork

SCOTUS WA Dept. of Licensing v. Cougar Den, Inc., Case No. 16-1498

Play
Read more
Federalism: Does the Yakama Treaty of 1855 creates a right for tribal members to avoid state taxes on off-reservation commercial activities that make use of public highways? - Argued: Tue, 30 Oct 2018 8:57:8 EDT
Nov 03 2018 ·

Most Popular

Elon Musk

Barack Obama

Bill Gates

LeBron James

Mark Cuban

Michelle Obama

Melinda Gates

Arnold Schwarzenegger

Kevin Hart

Terry Crews

Mike Tyson

Episode artwork

33 - The Cougar Den

Play
Read more
In this episode, Bryan, Kelly, Rob, Amanda and Matt discuss the summer heat and driving with no AC. Bryan and Kelly also recount their daring adventure into the Cougar Den while on vacation in California.
 
We reminisced on magazine colognes and Rob shared his shameful secret behind his favorite fragrance. Lastly, we even got into The Donald’s run for the White House and our least favorite airports.
 
If you’d like to get a question or comment on the air, be sure to use the poundtag #ridiculousdialogue on Twitter! Thanks for listening and be sure to check out more on the Podcast at www.ridiculousdialogue.com
Aug 13 2015 · 1hr 21mins