Supreme Court takes no action on Indian tobacco petition

Monday, April 21, 2014  

The U.S. Supreme Court went back to work this morning with no new activity in an Indian tobacco case.

The justices took up a petition in Native Wholesale Company v. Idaho during a private conference on Friday. But they didn't say whether or not they would hear the case in today's order list.

At issue is Idaho's attempt to force the Native Wholesale Supply Company, a business located on the Seneca Nation in New York, to comply with state laws. The Idaho Supreme Court sided with the state even though the company only engaged in activities with other Indian-owned businesses.

"Indians are entitled to sell tobacco to Indians in Indian Country free from state regulation," Native Wholesale Supply Company wrote in its opening brief to the Supreme Court.

The state initially refused to respond but the justices asked for a brief that was submitted on March 6. Native Wholesale Supply Company filed a reply on March 25 and the petition was distributed for the April 18 conference.

Other petitions from the same conference were resolved in today's order list. No explanation was given for the delay in the Native Wholesale case.

The petition was chosen as Petition of the day by the influential SCOTUSBlog on April 10.

Idaho Supreme Court Decision:
Idaho v. Native Wholesale Supply Company (August 15, 2013)