Washington v. United States

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.[2] 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";[3] however, with the 4-4 Supreme Court decision, it may not be binding on future court decisions.[4]

Washington v. United States
Argued April 18, 2018
Decided June 11, 2018
Full case nameWashington v. United States
Docket no.17-269
Citations584 U.S. ___ (more)
138 S. Ct. 1832; 201 L. Ed. 2d 200
Case history
PriorUnited States v. Washington, 853 F.3d 946 (9th Cir. 2017); cert. granted, 138 S. Ct. 735 (2018).
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 opinion
Per curiam
Kennedy took no part in the consideration or decision of the case.

The case was argued on April 18, 2018.[5][6]

The cost of stream restoration demanded by the court decision was estimated to be $3.7 billion,[7] making culvert replacement of the top megaprojects in the Seattle area.

The decision was per curiam.[8]

See also

References
  1. https://www.supremecourt.gov/DocketPDF/17/17-269/39869/20180323153617321_Recusal%20Letter%20in%20No.%2017-269.pdf
  2. United States v. Washington, 853 F.3d 946 (9th Cir. 2017).
  3. Eilis O'Neill (June 12, 2018), Supreme Court Gives Tribes A Victory Over Washington State In Salmon Case, Oregon Public Broadcasting
  4. John Eligon (June 11, 2018), "'This Ruling Gives Us Hope': Supreme Court Sides With Tribe in Salmon Case", The New York Times
  5. "Washington v. United States".
  6. https://www.supremecourt.gov/oral_arguments/argument_transcripts/2017/17-269_o75q.pdf
  7. 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
  8. Washington v. United States, No. 17-269, 584 U.S. ___ (2018).


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