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Washington v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
17-269 9th Cir. TBD TBD TBD TBD OT 2017

Issues: (1) Whether a treaty “right of taking fish, at all usual and accustomed grounds and stations ... in common with all citizens” guaranteed “that the number of fish would always be sufficient to provide a ‘moderate living’ to the tribes”; (2) whether the district court erred in dismissing the state's equitable defenses against the federal government where the federal government signed these treaties in the 1850’s, for decades told the state to design culverts a particular way, and then filed suit in 2001 claiming that the culvert design it provided violates the treaties it signed; and (3) whether the district court’s injunction violates federalism and comity principles by requiring Washington to replace hundreds of culverts, at a cost of several billion dollars, when many of the replacements will have no impact on salmon, and plaintiffs showed no clear connection between culvert replacement and tribal fisheries.

SCOTUSblog Coverage

DateProceedings and Orders
Aug 17 2017Petition for a writ of certiorari filed. (Response due September 20, 2017)
Sep 15 2017Order extending time to file response to petition to and including October 20, 2017, for all respondents.
Sep 20 2017Brief amici curiae of Business Home Building, Real Estate, Farming and Municipal Organizations filed.
Sep 20 2017Motion for leave to file amici brief filed by Modoc Point Irrigation District, et al.
Sep 20 2017Brief amici curiae of State of Idaho, et al. filed.
Oct 12 2017Order further extending time to file response to petition to and including November 27, 2017, for all respondents.
Nov 27 2017Brief of respondent United States in opposition filed.
Nov 27 2017Brief of respondents Suquamish Indian Tribe, et al. in opposition filed.
Dec 11 2017Reply of petitioner Washington filed. (Distributed)
Dec 13 2017DISTRIBUTED for Conference of 1/5/2018.
Jan 08 2018DISTRIBUTED for Conference of 1/12/2018.
Jan 12 2018Motion for leave to file amici brief filed by Modoc Point Irrigation District, et al. GRANTED.
Jan 12 2018Petition GRANTED.
 
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