| No. 16-1498 | |
| Title: | Washington State Department of Licensing, Petitioner v. Cougar Den, Inc. |
| Docketed: | June 16, 2017 |
| Lower Ct: | Supreme Court of Washington |
| Case Numbers: | (92289-6) |
| Decision Date: | March 16, 2017 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Jun 14 2017 | Petition for a writ of certiorari filed. (Response due July 17, 2017) |
| Jul 13 2017 | Order extending time to file response to petition to and including August 16, 2017. |
| Jul 17 2017 | Brief amici curiae of The States of Idaho, et al. filed. |
| Jul 17 2017 | Brief amici curiae of Washington Oil Marketers Association, et al. filed. |
| Aug 16 2017 | Brief of respondent Cougar Den, Inc. in opposition filed. |
| Aug 16 2017 | Brief amicus curiae of Confederated Tribes and Bands of the Yakama Nation filed. |
| Aug 29 2017 | Reply of petitioner Washington State Department of Licensing filed. (Distributed) |
| Aug 30 2017 | DISTRIBUTED for Conference of 9/25/2017. |
| Oct 02 2017 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| May 15 2018 | Brief amicus curiae of United States filed. |
| Proof of ServiceMain Document | |
| May 29 2018 | DISTRIBUTED for Conference of 6/14/2018. |
| May 30 2018 | Supplemental brief of respondent Cougar Den, Inc. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 18 2018 | DISTRIBUTED for Conference of 6/21/2018. |
| Jun 25 2018 | Petition GRANTED. |
| Aug 09 2018 | Brief of petitioner Washington State Department of Licensing filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 09 2018 | Joint appendix filed. |
| Main Document | |
| Aug 15 2018 | Brief amici curiae of The Washington Oil Marketers Association and the Washington Association of Neighborhood Stores filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 16 2018 | Brief amicus curiae of United States filed. |
| Proof of ServiceMain Document | |
| Aug 16 2018 | Brief amici curiae of Multistate Tax Commission and Federation of Tax Administrators filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 16 2018 | Brief amici curiae of The States of Idaho, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 16 2018 | Brief amici curiae of Public Health Organizations filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 17 2018 | Motion for an extension of time to file respondent's brief on the merits filed. |
| Main Document | |
| Aug 20 2018 | SET FOR ARGUMENT on Tuesday, October 30, 2018 |
| Aug 24 2018 | Motion to extend the time to file respondent's brief on the merits granted and the time is extended to and including September 17, 2018. |
| Sep 10 2018 | Record requested from the Supreme Court of Washington. |
| Sep 12 2018 | CIRCULATED |
| Sep 12 2018 | Brief amicus curiae of Sacred Ground Legal Services filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 17 2018 | Brief of respondent Cougar Den, Inc. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 21 2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Proof of ServiceMain Document | |
| Sep 24 2018 | Brief amicus curiae of National Congress of American Indians filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 24 2018 | Brief amici curiae of Nez Perce Tribe, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 24 2018 | Brief amici curiae of Confederated Tribes and Band of the Yakama Nation filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 09 2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Kavanaugh took no part in the consideration or decision of this motion. |
| Oct 17 2018 | Reply of petitioner Washington State Department of Licensing filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 18 2018 | Record received from the Supreme Court of Washington is electronic and located on PACER. |
| Oct 30 2018 | Argued. For petitioner: Noah Purcell, Washington State Solicitor General, Olympia, Wash.; and Ann O'Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Adam G. Unikowsky, Washington, D. C. |
| Mar 19 2019 | Adjudged to be AFFIRMED. Breyer, J., announced the judgment of the Court and delivered an opinion, in which Sotomayor and Kagan, JJ., joined. Gorsuch, J., filed an opinion concurring in the judgment, in which Ginsburg, J., joined. Roberts, C. J., filed a dissenting opinion, in which Thomas, Alito, and Kavanaugh, JJ., joined. Kavanaugh, J., filed a dissenting opinion, in which Thomas, J., joined. |
| Apr 22 2019 | JUDGMENT ISSUED. |
| Apr 22 2019 | MANDATE ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Noah Guzzo Purcell Counsel of Record | 1125 Washington Street, SE P.O. Box 40100 Olympia, WA 98504-0100 noahp@atg.wa.gov | 360-753-6200 |
| Party name: Washington State Department of Licensing | ||
| Attorneys for Respondent | ||
| Adam G. Unikowsky Counsel of Record | Jenner & Block LLP 1099 New York Avenue, NW Suite 900 Washington, DC 20001 AUnikowsky@jenner.com | 202-639-6041 |
| Party name: Cougar Den, Inc. | ||
| Mathew Lane Harrington | Stokes Lawrence, P.S. 1420 Fifth Avenue, Suite 3000 Seattle, WA 98101 mlh@stokeslaw.com | 2066266000 |
| Party name: Cougar Den, Inc. | ||
| Other | ||
| Steven W. Strack Counsel of Record | Office of the Attorney General P.O. Box 83720 Boise, ID 83720-0010 steve.strack@ag.idaho.gov | 208-334-4143 |
| Party name: The States of Idaho et al | ||
| David James Cummings Counsel of Record | Nez Perce Tribe, Office of Legal Counsel P.O. Box 305, 100 Agency Rd. Lapwai, ID 83540 djc@nezperce.org | 208-843-7355 |
| Party name: Nez Perce Tribe | ||
| Jack Warren Fiander Counsel of Record | Sacred Ground Legal Services 5808A Summitview Avenue Ste. 97 Yakima, WA 98908 towtnuklaw@msn.com | 5099610096 |
| Party name: Sacred Ground Legal Services | ||
| Noel J. Francisco | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 oldSupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: United States | ||
| Mark Ely Greenwold Counsel of Record | Campaign for Tobacco-Free Kids 1400 I Street N.W., Suite 1200 Washington, DC 20007 mgreenwold@gmail.com | 2024819560 |
| Party name: Public Health Organizations | ||
| Helen Hecht Counsel of Record | Multistate Tax Commission 444 N. Capitol St., NW Ste 425 Washington, DC 20001 hhecht@mtc.gov | 2026601906 |
| Party name: Multistate Tax Commission and Federation of Tax Administrators | ||
| Ethan Andrew Jones Counsel of Record | Yakama Nation Office of Legal Counsel P.O. Box 151, 401 Fort Road Toppenish, WA, WA 98948 ethan@yakamanation-olc.org | 5098657268 |
| Party name: Confederated Tribes and Band of the Yakama Nation | ||
| Virginia Anne Seitz Counsel of Record | Sidley Austin LLP 1501 K Street, N.W. Washington, DC 20005 vseitz@sidley.com | 202-736-8000 |
| Party name: National Congress of American Indians | ||
| Clay R. Smith | Deputy Attorney General Office of the Attorney General P.O. Box 83720-0010 Boise, ID 83720-0010 clay.smith@ag.idaho.gov | (208) 334-2400 |
| Party name: The States of Idaho, et al. | ||
| Philip Albert Talmadge | Talmadge Firzpatrick Tribe 2775 Harbor Avenue, SW Third Floor, Suite C Seattle, WA 98126 phil@tal-fitzlaw.com | (206) 574-6661 |
| Party name: Washington Oil Marketers Association, et al. | ||
| Philip Albert Talmadge Counsel of Record | 2775 Harbor Avenue SW Third Floor, Suite C Seattle, WA 98126 phil@tal-fitzlaw.com | 2065746661 |
| Party name: The Washington Oil Marketers Association and the Washington Association of Neighborhood Stores | ||