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CONFEDERATED TRIBES AND BANDS v. GREGOIRE

No. 10-35776.

658 F.3d 1078 (2011)

CONFEDERATED TRIBES AND BANDS OF THE YAKAMA INDIAN NATION, Plaintiff-Appellant, v. Christine O. GREGOIRE, Governor of the State of Washington; Cindi Holmstrom, Director of the Washington State Department of Revenue; Leslie Cushman, Deputy Director of the Washington State Department of Revenue; Stuart Thronson, Assistant Director of Special Programs of the Washington State Department of Revenue; Pat Parmer, Chief of Enforcement and Education Division of the Washington State Liquor Control Board, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 23, 2011.

Attorney(s) appearing for the Case

Phillip E. Katzen , Cory J. Albright , and Zach Welcker ; Kanji & Katzen, PLLC, Seattle, WA, for the appellants.

Robert M. McKenna , Attorney General of Washington, Heidi A. Irvin , David M. Hankins , and Robert K. Costello , Office of the Attorney General, Olympia WA, for the appellees.

Opinion by Judge MILAN D. SMITH, JR.; Concurrence by Judge GUILFORD.

OPINION

M. SMITH, Circuit Judge:

States lack authority to tax Indian tribes or registered members of Indian tribal organizations absent a clear authorization from Congress. Cnty. of Yakima v. Confederated Tribes & Bands of the Yakima Indian Nation, 502 U.S. 251, 258, 112 S.Ct. 683, 116 L.Ed.2d 687 (1992). The Tribes of the Yakama Nation (the Yakama or Tribes) claim that this principle of Indian tax immunity has...

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