WAGNON v. PRAIRIE BAND POTAWATOMI NATION

No. 04-631.

546 U.S. 95 (2005)

WAGNON, SECRETARY, KANSAS DEPARTMENT OF REVENUE v. PRAIRIE BAND POTAWATOMI NATION.

Supreme Court of United States.

Decided December 6, 2005.


Attorney(s) appearing for the Case

Theodore B. Olson argued the cause for petitioner. On the briefs were Phillip Kline, Attorney General of Kansas, and John Michael Hale, Special Assistant Attorney General.

Ian Heath Gershengorn argued the cause for respondent. With him on the brief was David Prager III.

Deputy Solicitor General Kneedler argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Clement, Acting Assistant Attorney General Johnson, Jeffrey P. Minear, M. Alice Thurston, and David C. Shilton.*


JUSTICE THOMAS delivered the opinion of the Court.

The State of Kansas imposes a tax on the receipt of motor fuel by fuel distributors within its boundaries. Kansas applies that tax to motor fuel received by non-Indian fuel distributors who subsequently deliver that fuel to a gas station owned by, and located on, the Reservation of the Prairie Band Potawatomi Nation (Nation). The Nation maintains that this application of the...

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