Harry Blackmun

“ I am mystified how this Court, sifting through the wreckage of the Dawes Act, finds any "clearly retained remnant," ante, at 265, justifying further erosions-through tax foreclosure actions as in this case-to the land holdings of the Indian people. [6]
The majority deems any concerns for tribal self-determination to be a "great exaggeration." Ante, at 265. I myself, however, am "far from convinced that when a State imposes taxes upon reservation members without their consent, its action can be reconciled with tribal self-determination." ”

“ The majority concludes that, as a practical matter, "mere" property taxes are less disruptive of tribal integrity than cigarette sales taxes and certain personal property taxes (as on automobiles) that were at issue in Moe. Ante, at 264-265. I cannot agree that paying a few more pennies for cigarettes or a tax on some personal property is more a threat to tribal integrity and self-determination than foreclosing upon and seizing tribal lands.
Finally, the majority platitudinously suggests that the Yakima "must make [their policy] argument to Congress." ”

“ The nature of federal policy interests emerges clearly from a review of the effects of the Indian land-allotment policies. During the allotment period from 1887 to 1934, Indian landholdings were reduced nationwide, through a combination of sales by allottees to non-Indians and government sales of "surplus" unallotted lands, from about 138 million acres to 48 million acres. ”