Washington v. United States

Washington v. United States
Argued April 18, 2018
Decided June 11, 2018
Full case name Washington v. United States
Docket nos. 17-269
Citations 584 U.S. ___ (more)
138 S. Ct. 1832; 201 L. Ed. 2d 200
Prior history Certiorari to the United States Court of Appeals for the Ninth Circuit
Holding
Lower court upheld by divided Court.
Court membership
Chief Justice
John Roberts
Associate Justices
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito · Sonia Sotomayor
Elena Kagan · Neil Gorsuch
Case opinions
Per curiam.
Kennedy took no part in the consideration or decision of the case.

Washington v. United States, 584 U.S. ___ (2018), was a United States Supreme Court case regarding Native American fishing rights in the U.S. state of Washington. In the case, the court deadlocked 4-4, with Justice Anthony Kennedy recusing himself due to his prior involvement in the case as a judge on the United States Ninth Circuit Court of Appeals.[1] The deadlock left standing a lower court ruling that the State of Washington must redesign and rebuild road culverts to allow salmon to swim upstream, to uphold Native American treaty rights to fish. The issue decided by the federal courts was whether, under the 1855–1856 Stevens Treaties, "the right to fish is the right to put a net in the water or the right for there to be fish to catch";[2] however, with the 4-4 Supreme Court decision, it may not be binding on future court decisions.[3]

The case was argued on April 18, 2018.[4][5]

The cost of stream restoration demanded by the court decision was estimated to be $3.7 billion,[6] making culvert replacement of the top megaprojects in the Seattle area.

The decision was per curiam.[7]

See also

References

  1. ↑ https://www.supremecourt.gov/DocketPDF/17/17-269/39869/20180323153617321_Recusal%20Letter%20in%20No.%2017-269.pdf
  2. ↑ Eilis O'Neill (June 12, 2018), Supreme Court Gives Tribes A Victory Over Washington State In Salmon Case, Oregon Public Broadcasting
  3. ↑ John Eligon (June 11, 2018), "'This Ruling Gives Us Hope': Supreme Court Sides With Tribe in Salmon Case", The New York Times
  4. ↑ http://www.scotusblog.com/case-files/cases/washington-v-united-states/
  5. ↑ https://www.supremecourt.gov/oral_arguments/argument_transcripts/2017/17-269_o75q.pdf
  6. ↑ Aaron Kunkler (July 13, 2018), "Fish culverts ruling will increase price tag for the state: The state will be on the line for $3.7 billion for fish culvert replacements.", Kirkland Reporter
  7. ↑ https://www.supremecourt.gov/opinions/17pdf/17-269_3eb4.pdf


This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.