Washington v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
17-269 9th Cir. Apr 18, 2018
Tr.Aud.
Jun 11, 2018 4-4 Per Curiam 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.

Judgment: Affirmed by an equally divided court in a per curiam opinion on June 11, 2018.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
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 respondents Suquamish Indian Tribe, et al. in opposition filed.
Nov 27 2017Brief of respondent United States 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.
Jan 17 2018Blanket Consent filed by Petitioner, Washington
Feb 23 2018SET FOR ARGUMENT on Wednesday, April 18, 2018.
Feb 24 2018Brief of petitioner Washington filed.
Feb 24 2018Joint appendix (3 Volumes) filed. (Statement of costs filed)
Mar 02 2018Brief amici curiae of States of Idaho, et al. filed.
Mar 02 2018Brief amicus curiae of Pacific Legal Foundation filed.
Mar 02 2018Brief amici curiae of Modoc Point Irrigation District, et al. filed.
Mar 05 2018Brief amici curiae of American Forest & Paper Association and National Mining Association filed. (Distributed)
Mar 05 2018Brief amici curiae of Citizens Equal Rights Foundation, et al. filed. (Distributed)
Mar 05 2018Brief amici curiae of Business, Home Building, Real Estate, Farming and Municipal Organizations filed. (Distributed)
Mar 05 2018Motion for leave to file amici brief filed by Washington State Association of Counties and Association of Washington Cities. (Distributed)
Mar 07 2018CIRCULATED
Mar 19 2018Motion for leave to file amici brief filed by Washington State Association of Counties and Association of Washington Cities GRANTED.
Mar 23 2018Letter from Clerk of Court to counsel of record noting that Justice Kennedy will not continue to participate in this case.
Mar 26 2018Brief of respondents Suquamish Indian Tribe, et al. filed. (Distributed)
Mar 26 2018Brief of respondent United States filed. (Distributed)
Mar 30 2018Record request from the U.S.C.A. 9th Circuit.
Mar 30 2018Brief amici curiae of The Confederated Tribes of the Warm Springs Reservation of Oregon, et al. filed. (Distributed)
Apr 02 2018Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER.
Apr 02 2018Brief amici curiae of Washington State and Local Officials (Current and Former) filed. (Distributed)
Apr 02 2018Brief amici curiae of Law Professors filed. (Distributed)
Apr 02 2018Brief amici curiae of The National Congress of American Indians; Navajo Nation; Ute Mountain Ute Tribe; Confederated Salish and Kootenai Tribes filed. (Distributed)
Apr 02 2018Joint motion for divided argument filed by respondents.
Apr 02 2018Brief amici curiae of Pacific Coast Federation of Fishermen's Associations, et al filed. (Distributed)
Apr 02 2018Brief amicus curiae of Hon. Daniel J. Evans filed (corrected filing). (Distributed)
Apr 09 2018Reply of petitioner Washington filed. (Distributed)
Apr 13 2018Joint motion of respondents for divided argument GRANTED. Justice Kennedy took no part in the consideration or decision of this motion.
Apr 18 2018Argued. For petitioner: Noah Purcell, Washington State Solicitor General, Olympia, Wash. For respondent United States: Allon Kedem, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents Suquamish Indian Tribe, et al.: William M. Jay, Washington, D. C.
Jun 11 2018Adjudged to be AFFIRMED by an equally divided Court. Justice Kennedy took no part in the consideration or decision of this petition. Opinion per curiam.
Jul 13 2018JUDGMENT ISSUED.
 
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