Washington v. United States
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 17-269 | 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 terms docket (UPDATED) (Amy Howe, January 12, 2018)
| Date | Proceedings and Orders |
|---|---|
| 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. |