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DEPARTMENT OF REVENUE OF MONT. v. KURTH RANCH

No. 93-144.

511 U.S. 767 (1994)

114 S.Ct. 1937

128 L.Ed.2d 767

DEPARTMENT OF REVENUE OF MONTANA v. KURTH RANCH et al.

Supreme Court of United States.

Decided June 6, 1994.

Attorney(s) appearing for the Case

Paul Van Tricht, Special Assistant Attorney General of Montana, argued the cause for petitioner. With him on the briefs was David W. Woodgerd, Special Assistant Attorney General.

James A. Feldman argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Days and Deputy Solicitor General Bender.

James H. Goetz argued the cause and filed a brief for respondents.*

Stevens, J., delivered the opinion of the Court, in which Blackmun, Kennedy, Souter, and Ginsburg, JJ., joined. Rehnquist, C. J., p. 785, and O'Connor, J., p. 792, filed dissenting opinions. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined, p. 798.

Justice Stevens, delivered the opinion of the Court.

This case presents the question whether a tax on the possession of illegal drugs assessed after the State has imposed a criminal penalty for the same conduct may violate the constitutional prohibition against successive punishments for the same offense.1

I

Montana's Dangerous Drug Tax Act2 took...

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