Record returned to U.S.D.C. for the District of Kansas

Record returned to U.S.C.A. for Tenth Circuit.

JUDGMENT ISSUED.

Rehearing DENIED. (orders list)

DISTRIBUTED for Conference of January 20, 2006.

Petition for Rehearing filed.

Judgment REVERSED Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Stevens, O'Connor, Scalia, Souter, and Breyer, JJ., joined. Ginsburg, J., filed a dissenting opinion, in which Kennedy, J., joined.

Argued. For petitioner: Theodore B. Olson, Washington, D.C. For respondent: Ian Heath Gershengorn, Washington, D.C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D.C. (for the United States, as amicus curiae.)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. (orders list)

SET FOR ARGUMENT on Monday, October 3, 2005.

Record received from U.S.D.C. for District of Kansas. (1 box)

Reply of petitioner Stephen S. Richards, Secretary, Kansas Department of Revenue filed. (Distributed)

Record received from U.S.C.A. for Tenth Circuit. (1 box)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

CIRCULATED.

Brief amici curiae of NCAI, Confederated Tribes of the Warm Springs Reservation, et al. filed. (Distributed).

Brief amicus curiae of Inter-Tribal Transportation Association filed. (Distributed)

Brief of respondent Prairie Band Potawatomi Nation filed. (Distributed)

Brief amici curiae of National Intertribal Tax Alliance, et al. filed. (Distributed)

Brief amici curiae of Sac and Fox Nation of Missouri in Kansas and Nebraska, et al. filed. (Distributed)

Brief amicus curiae of United States filed. (Distributed)

Brief amici curiae of Hoopa Valley Tribe and Colorado River Indian Tribes (Distributed)

Consent to the filing of amicus briefs in support of either party received from counsel for the respondents

Joint appendix filed.

Brief amici curiae of South Dakota, et al. filed.

Brief amici curiae of National Association of Convenience Stores, et al. filed.

Brief of petitioner Stephen S. Richards, Secretary, Kansas Department of Revenue filed.

Brief amicus curiae of Multistate Tax Commission filed.

Extension of time within which to file the joint appendix and petitioner's brief on the merits to and including May 12, 2005. Extension of time within which to file respondent's brief on the merits to and including July 14, 2005.

Petition GRANTED. (orders list)

DISTRIBUTED for Conference of February 25, 2005.

Reply of petitioner Stephen S. Richards, Secretary, Kansas Department of Revenue filed.

Brief of respondent Prairie Band Potawatomi Nation in opposition filed.

Brief amici curiae of South Dakota, et al. filed.

Order extending time to file response to petition to and including January 26, 2005.

Response Requested . (Due December 27, 2004)

Brief amicus curiae of Multistate Tax Commission filed.

DISTRIBUTED for Conference of December 3, 2004.

Waiver of right of respondent Prairie Band Potawatomi Nation to respond filed.

Petition for a writ of certiorari filed. (Response due December 10, 2004)

Joan Wagnon, Secretary, Kansas Department of Revenue, Petitioner, represented by Theodore B. Olson

Stephen S. Richards, Secretary, Kansas Department of Revenue, Petitioner, represented by John Michael Hale

Prairie Band Potawatomi Nation, Respondent, represented by Ian Heath Gershengorn

Hoopa Valley Tribe and Colorado Indian Tribes, Amicus Curiae, represented by Thomas P. Schlosser

Inter-Tribal Transportation Association, Amicus Curiae, represented by Geoffrey D. Strommer

Joan Wagnon, Secretary, Kansas Department of Revenue v. Prairie Band Potawatomi Nation, Amicus Curiae, represented by Edwin S. Kneedler

Multistate Tax Commission, Amicus Curiae, represented by Frank D. Katz

National Association of Convenience Stores, et al., Amicus Curiae, represented by James Scott Detamore

National Intertribal Tax Alliance, et al., Amicus Curiae, represented by Richard A. Guest

NCAI, Confederated Tribes of the Warm Springs Reservation, et al., Amicus Curiae, represented by Virginia A. Seitz

Sac and Fox Nation of Missouri in Kansas and Nebraska, et al., Amicus Curiae, represented by Thomas Weathers

South Dakota, et al., Amicus Curiae, represented by Lawrence E. Long

United States, Amicus Curiae, represented by Paul D. Clement