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"What the tribe got in exchange, he said, was a right it had had for centuries — not only the right to travel on public highways, but "the right to move goods freely to and from market using those highways," without having to pay a tax or licensing fees on those goods. The only thing the U.S. government gave up, and that the Yakamas insisted on in 1855, was the U.S. government's promise "not to impose a tax or toll on tribal members or their goods as they pass to and from market."
The government is free to try to negotiate for more if it wants to now, Gorsuch said, but it "does not get to rewrite the existing bargain in this court."
"What the tribe got in exchange, he said, was a right it had had for centuries — not only the right to travel on public highways, but "the right to move goods freely to and from market using those highways," without having to pay a tax or licensing fees on those goods. The only thing the U.S. government gave up, and that the Yakamas insisted on in 1855, was the U.S. government's promise "not to impose a tax or toll on tribal members or their goods as they pass to and from market."
The government is free to try to negotiate for more if it wants to now, Gorsuch said, but it "does not get to rewrite the existing bargain in this court."