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Makah Indian Tribe v. Quileute Indian Tribe

Petition for certiorari denied on October 1, 2018

Docket No. Argument Opinion Vote Author Term
17-1592 N/A N/A N/A N/A OT 2018

Issue: Whether the U.S. Court of Appeals for the 9th Circuit, in conflict with the decisions of the Supreme Court and other courts, properly held that the Treaty of Olympia"s grant of a "right of taking fish" to the Quileute Indian Tribe and Quinault Indian Nation includes a right of whaling and sealing, and extends beyond areas in which the Tribes customarily fished to areas in which they hunted "marine mammals"including whales and fur seals," effectively extending the Tribes" fishing rights by 2,400 square miles.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
03/26/2018Application (17A1058) to extend the time to file a petition for a writ of certiorari from April 19, 2018 to May 21, 2018, submitted to Justice Thomas. (Justice Kennedy is recused.)
04/04/2018Application (17A1058) granted by Justice Thomas extending the time to file until May 21, 2018.
05/21/2018Petition for a writ of certiorari filed. (Response due June 25, 2018)
06/08/2018Motion to extend the time to file a response from June 25, 2018 to July 25, 2018, submitted to The Clerk.
06/12/2018Motion to extend the time to file a response is granted and the time is extended to and including July 25, 2018, for all respondents.
06/15/2018Letter of respondent Washington State Department of Fish and Wildlife of intent to file brief in support of the petition filed.
06/19/2018Waiver of right of respondents Port Gamble S'Klallam Tribe and Jamestown S'Klallam Tribe to respond filed.
06/25/2018Motion for leave to file amicus brief filed by United Catcher Boats.
06/25/2018Brief of respondent Washington State Deparrtment of Fish and Wildlife in support filed.
07/25/2018Brief of respondents Quileute Indian Tribe, et al. in opposition filed.
08/06/2018Reply of petitioner Makah Indian Tribe filed. (Distributed)
08/06/2018Waiver of right of respondent Tulalip Tribes to respond filed.
08/08/2018DISTRIBUTED for Conference of 9/24/2018.
10/01/2018Motion for leave to file amicus brief filed by United Catcher Boats GRANTED.
10/01/2018Petition DENIED.