Sohappy v. Smith

Last updated
Sohappy v. Smith and United States v. Oregon
Seal of the U.S. District Court for the District of Oregon.gif
Court United States District Court for the District of Oregon
Full case nameRichard SOHAPPY et al., Plaintiffs, v. McKee A. SMITH, Edward G. Huffschmidt, J. I. Eoff, Commissioners, Oregon Fish Commission; Robert W. Schoning, Director, Oregon Fish Commission, their agents, servants, employees and those persons in active concert or participation with them; John W. McKean, Director, Oregon Game Commission, his agents, servants, employees and those persons in active concert or participation with him, Defendants. UNITED STATES of America, Plaintiff, v. STATE OF OREGON, Defendant, and The Confederated Tribes of the Warm Springs Reservation of Oregon; Confederated Tribes & Bands of the Yakima Indian Nation; Confederated Tribes of the Umatilla Indian Reservation; and Nez Perce Tribe of Idaho, Intervenors.
DecidedJuly 8, 1969
Citation(s)302 F. Supp. 899
Court membership
Judge(s) sitting Robert C. Belloni

Sohappy v. Smith, 302 F. Supp. 899 (D. Or. 1969), [1] along with the combined United States v. Oregon, was a federal case heard by the United States District Court for the District of Oregon, decided in 1969 and amended in 1975. It acknowledged the right of several tribes of Native Americans to fish in the Columbia River with minimal regulation by the government of the United States or local governments. [2] [3]

See also

Related Research Articles

<i>United States v. Washington</i> 1974 court case

United States v. Washington, 384 F. Supp. 312, aff'd, 520 F.2d 676, commonly known as the Boldt Decision, was a 1974 case heard in the United States District Court for the Western District of Washington and the United States Court of Appeals for the Ninth Circuit. It reaffirmed the reserved right of American Indian tribes in the State of Washington to act alongside the state as co-managers of salmon and other fish, and to continue harvesting them in accordance with the various treaties that the United States had signed with the tribes. The tribes of Washington had ceded their land to the United States but had reserved the right to fish as they had always done, including fishing at their traditional locations that were off the designated reservations.

Church of the Lukumi Babalu Aye, Inc. v. Hialeah, 508 U.S. 520 (1993), was a case in which the Supreme Court of the United States held that an ordinance passed in Hialeah, Florida, forbidding the "unnecessar[y]" killing of "an animal in a public or private ritual or ceremony not for the primary purpose of food consumption", was unconstitutional.

Golan v. Holder, 565 U.S. 302 (2012), was a Supreme Court case that dealt with copyright and the public domain. It held that the "limited time" language of the United States Constitution's Copyright Clause does not preclude the extension of copyright protections to works previously in the public domain.

Gonzales v. Oregon, 546 U.S. 243 (2006), was a landmark decision of the US Supreme Court which ruled that the United States Attorney General cannot enforce the federal Controlled Substances Act against physicians who prescribed drugs, in compliance with Oregon state law, to terminally ill patients seeking to end their lives, commonly referred to as assisted suicide. It was the first major case heard by the Roberts Court under the new Chief Justice of the United States.

Browder v. Gayle, 142 F. Supp. 707 (1956), was a case heard before a three-judge panel of the United States District Court for the Middle District of Alabama on Montgomery and Alabama state bus segregation laws. The panel consisted of Middle District of Alabama Judge Frank Minis Johnson, Northern District of Alabama Judge Seybourn Harris Lynne, and Fifth Circuit Court of Appeals Judge Richard Rives. The main plaintiffs in the case were Aurelia Browder, Claudette Colvin, Susie McDonald, and Mary Louise Smith. Jeanetta Reese had originally been a plaintiff in the case, but intimidation by segregationists caused her to withdraw in February. She falsely claimed she had not agreed to the lawsuit, which led to an unsuccessful attempt to disbar Fred Gray for supposedly improperly representing her.

Gladys Kessler American judge

Gladys Kessler is an inactive Senior United States District Judge of the United States District Court for the District of Columbia.

Harold Baer Jr. was a United States District Judge of the United States District Court for the Southern District of New York.

Alfred Theodore Goodwin is a Senior United States Circuit Judge of the United States Court of Appeals for the Ninth Circuit and previously was a United States District Judge of the United States District Court for the District of Oregon.

Harris v. McRae, 448 U.S. 297 (1980), was a case in which the Supreme Court of the United States held that states participating in Medicaid are not required to fund medically necessary abortions for which federal reimbursement was unavailable as a result of the Hyde Amendment, which restricted the use of federal funds for abortion. The Court also held that the funding restrictions of the Hyde Amendment did not violate the Fifth Amendment or the Establishment Clause of the First Amendment.

United States v. Oregon may refer to:

Federal enclave A parcel of land which is within a state but under federal jurisdiction

In United States law, a federal enclave is a parcel of federal property within a state that is under the "Special Maritime and Territorial Jurisdiction of the United States". In 1960, the year of the latest comprehensive inquiry, 7% of federal property had enclave status. Of the land with federal enclave status, 57% was under "concurrent" state jurisdiction. The remaining 43%, on which some state laws do not apply, was scattered almost at random throughout the United States. In 1960, there were about 5,000 enclaves, with about one million people living on them. While a comprehensive inquiry has not been performed since 1960, these statistics are likely much lower today, since many federal enclaves were military bases that have been closed and transferred out of federal ownership.

Yasui v. United States, 320 U.S. 115 (1943), was a United States Supreme Court case regarding the constitutionality of curfews used during World War II when they were applied to citizens of the United States. The case arose out of the implementation of Executive Order 9066 by the U.S. military to create zones of exclusion along the West Coast of the United States, where Japanese Americans were subjected to curfews and eventual removal to relocation centers. This Presidential order followed the attack on Pearl Harbor that brought America into World War II and inflamed the existing anti-Japanese sentiment in the country.

Robert C. Belloni American judge

Robert Clinton Belloni was a United States District Judge of the United States District Court for the District of Oregon. He was instrumental in upholding Native American fishing rights in the Pacific Northwest.

Malcolm Francis Marsh is an American attorney and jurist from the state of Oregon. He is an inactive Senior United States District Judge of the United States District Court for the District of Oregon in Portland, Oregon. A native of Oregon, he served as an active judge for eleven years, and was in private legal practice in Salem before that.

Denise Louise Cote is a Senior United States District Judge of the United States District Court for the Southern District of New York.

James Alger Fee was a United States Circuit Judge of the United States Court of Appeals for the Ninth Circuit and previously was a United States District Judge of the United States District Court for the District of Oregon. A veteran of the United States Army, his first judicial position was with the Oregon Circuit Court. While a federal judge he made national news for his decision during World War II regarding the application of the exclusion orders that had forced those of Japanese heritage from the West Coast.

Charles Proctor Sifton was a United States District Judge of the United States District Court for the Eastern District of New York from 1977 to 2009 and its Chief Judge from 1995 to 2000.

<i>United States v. Article Consisting of 50,000 Cardboard Boxes More or Less, Each Containing One Pair of Clacker Balls</i> 1976 American legal decision

United States v. Article Consisting of 50,000 Cardboard Boxes More or Less, Each Containing One Pair of Clacker Balls, 413 F. Supp. 1281, is a 1976 United States District Court for the Eastern District of Wisconsin decision regarding a requested order from the United States government to seize and destroy a shipment of approximately 50,000 sets of clacker balls under the Federal Hazardous Substances Act because children could hit themselves with the balls.

Pub. Affairs Associates, Inc. v. Rickover, 369 U.S. 111 (1962), was a United States Supreme Court case in which the Court held that the circuit court's decision should be vacated because the facts of the case were too unclear. Remanded to district court to create an "adequate and full-bodied record.".

<i>Wolf v. Vidal</i>

Wolf v. Vidal, 591 U.S. ___ (2020), was a U.S. Supreme Court cases that was filed to challenge the Trump Administration's rescission of Deferred Action for Childhood Arrivals (DACA). Plaintiffs in the case are DACA recipients who argue that the rescission decision is unlawful under the Administrative Procedure Act and the Fifth Amendment. On February 13, 2018, Judge Garaufis in the Eastern District of New York addressed the question of whether the government offered a legally adequate reason for ending the DACA program. The court found that Defendants did not provide a legally adequate reason for ending the DACA program and that the decision to end DACA was arbitrary and capricious. Defendants have appealed the decision to the Second Circuit Court of Appeals.

References