Washington v. United States

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-269	9th Cir.	Apr 18, 2018	Jun 11, 2018	4-4	Per Curiam	OT 2017

Issue: (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

OT2017 #29: "Average Joe" (First Mondays, June 18, 2018)
Opinion analysis: Court affirms without opinion in tribal-fishing-rights case (Miriam Seifter, June 12, 2018)
A "view" from the courtroom: Chipping away at the caseload (Mark Walsh, June 11, 2018)
Argument analysis: Court debates standard for violating tribal fishing rights (Miriam Seifter, April 19, 2018)
Argument preview: Justices to consider the scope of tribal fishing rights (Miriam Seifter, April 11, 2018)
Court bulks up this term's docket (UPDATED) (Amy Howe, January 12, 2018)

Date	Proceedings and Orders (key to color coding)
08/17/2017	Petition for a writ of certiorari filed. (Response due September 20, 2017)
09/15/2017	Order extending time to file response to petition to and including October 20, 2017, for all respondents.
09/20/2017	Brief amici curiae of Business Home Building, Real Estate, Farming and Municipal Organizations filed.
09/20/2017	Motion for leave to file amici brief filed by Modoc Point Irrigation District, et al.
09/20/2017	Brief amici curiae of State of Idaho, et al. filed.
10/12/2017	Order further extending time to file response to petition to and including November 27, 2017, for all respondents.
11/27/2017	Brief of respondent United States in opposition filed.
11/27/2017	Brief of respondents Suquamish Indian Tribe, et al. in opposition filed.
12/11/2017	Reply of petitioner Washington filed. (Distributed)
12/13/2017	DISTRIBUTED for Conference of 1/5/2018.
01/08/2018	DISTRIBUTED for Conference of 1/12/2018.
01/12/2018	Motion for leave to file amici brief filed by Modoc Point Irrigation District, et al. GRANTED.
01/12/2018	Petition GRANTED.
01/17/2018	Blanket Consent filed by Petitioner, Washington
02/23/2018	SET FOR ARGUMENT on Wednesday, April 18, 2018.
02/24/2018	Brief of petitioner Washington filed.
02/24/2018	Joint appendix (3 Volumes) filed. (Statement of costs filed)
03/02/2018	Brief amici curiae of States of Idaho, et al. filed.
03/02/2018	Brief amicus curiae of Pacific Legal Foundation filed.
03/02/2018	Brief amici curiae of Modoc Point Irrigation District, et al. filed.
03/05/2018	Brief amici curiae of Business, Home Building, Real Estate, Farming and Municipal Organizations filed. (Distributed)
03/05/2018	Brief amici curiae of Citizens Equal Rights Foundation, et al. filed. (Distributed)
03/05/2018	Brief amici curiae of American Forest & Paper Association and National Mining Association filed. (Distributed)
03/05/2018	Motion for leave to file amici brief filed by Washington State Association of Counties and Association of Washington Cities. (Distributed)
03/07/2018	CIRCULATED
03/19/2018	Motion for leave to file amici brief filed by Washington State Association of Counties and Association of Washington Cities GRANTED.
03/23/2018	Letter from Clerk of Court to counsel of record noting that Justice Kennedy will not continue to participate in this case.
03/26/2018	Brief of respondent United States filed. (Distributed)
03/26/2018	Brief of respondents Suquamish Indian Tribe, et al. filed. (Distributed)
03/30/2018	Record request from the U.S.C.A. 9th Circuit.
03/30/2018	Brief amici curiae of The Confederated Tribes of the Warm Springs Reservation of Oregon, et al. filed. (Distributed)
04/02/2018	Brief amici curiae of The National Congress of American Indians; Navajo Nation; Ute Mountain Ute Tribe; Confederated Salish and Kootenai Tribes filed. (Distributed)
04/02/2018	Brief amici curiae of Washington State and Local Officials (Current and Former) filed. (Distributed)
04/02/2018	Joint motion for divided argument filed by respondents.
04/02/2018	Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER.
04/02/2018	Brief amici curiae of Pacific Coast Federation of Fishermen's Associations, et al filed. (Distributed)
04/02/2018	Brief amici curiae of Law Professors filed. (Distributed)
04/02/2018	Brief amicus curiae of Hon. Daniel J. Evans filed (corrected filing). (Distributed)
04/09/2018	Reply of petitioner Washington filed. (Distributed)
04/13/2018	Joint motion of respondents for divided argument GRANTED. Justice Kennedy took no part in the consideration or decision of this motion.
04/18/2018	Argued. 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.
06/11/2018	Adjudged to be AFFIRMED by an equally divided Court. Justice Kennedy took no part in the consideration or decision of this petition. Opinion per curiam.
07/13/2018	JUDGMENT ISSUED.