More & a link to watch the arguements if you wanted.

January 12, 2012

To: All AUTO Members

Re: AUTO v- Gregoire (tribal motor fuel tax compact suit)

At 1:30 this afternoon the state's highest court heard AUTO's appeal of a lower court's ruling dismissing our suit challenging the fuel tax compacts negotiated behind closed doors between Governor Gregoire and 14 Indian Tribes in WA state. The primary issue heard today was whether or not AUTO or any other citizen has the legal right to object to any deal of any kind that a Governor may cut with a tribe.

Representing AUTO was former Supreme Court Justice Phil Talmadge who led off the proceeding. Nearly immediately one could tell this issue had the court attention. The Justices fired question after question on the technicalities of the law at Talmadge who responded calmly and quickly to each question. Regardless of the outcome, it seemed obvious that this isn't going to be an easy decision for the court.

When it was the state's turn, the Assistant Attorney General was again swamped with questions. The Justices repeatedly stated their concern that the state's position was one wherein the Governor could start handing out gifts from the treasury to the tribes (which is exactly what AUTO believes happened) and no citizen could even object or have a legal remedy even if the Governor violated the state constitution. Several times, seemingly grasping for a way to explain the state's position, the AAG took a moment to compose his thoughts. It seemed to some observers that he appeared reluctant to admit that the state was actually making such a claim.

The most encouraging part of the hearing came when several justices commented on how disturbing it was to them that a Governor could not be held accountable for any illegal or unconstitutional action taken long as it was connected to a treaty tribe. Clearly, AUTO's key point had came across to the justices and Talmadge finished the hearing by sharing how he personally was also extremely alarmed by a rule of law where no citizen could object even if the Governor took "a bribe" to enter into illegal or unconstitutional compacts with a tribe.

A decision is expected to be published sometime this summer. Those that want to view the hour long hearing can do so by simply clicking on this link:

http://www.tvw.org/index.php?option=com_tvwplayer&eventID=2012010008C