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The Rise of Tribes and the Fall of Federal Indian Law
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Supreme Court arguments in tribal tax case set
Monday, August 1, 2005

The U.S. Supreme Court will hear oral arguments in Kansas v. Prairie Band Potawatomi Nation, on October 3, the first day of the court's October 2005-2006 term.

The state of Kansas is arguing that it has the authority to impose a distribution tax on gasoline sold on the reservation. The tribe counters that the state has no right to interfere with its economy.

The 10th Circuit Court of Appeals sided with the tribe in August 2004. The state filed a petition for writ of certiorari, which was accepted on February 28.

The Kansas case will be the first heard by Supreme Court nominee John G. Roberts Jr. if he is confirmed by the Senate by the start of the October term.

Gas Tax Decision:
Prairie Band Potawatomi Nation v. Richards (August 11, 2004)

Relevant Links:
Prairie Band Potawatomi Nation - http://www.pbpindiantribe.com
NARF-NCAI Tribal Supreme Court Project - http://www.narf.org/sct/index.html

Related Stories:
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O'Connor resigns from nation's highest court (7/5)
Justice's tenure filled with key Indian law cases (7/5)
Supreme Court wraps up October 2004 term (06/28)
U.S. Supreme Court vacancy impacts tribal rights (06/20)
14 states file brief in Supreme Court tribal tax case (05/13)
Appeals court sides with tribe in car tag dispute (03/28)
Supreme Court takes on tribal-state tax dispute (03/01)
Court sides with tribe in law enforcement dispute (11/12)
Court bars state from imposing gas tax on tribe (08/13)
Judge blocks state from interfering with tribe (8/3)
Kan. tribe wins round in car tag dispute (6/26)

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