Washington v. United States | |
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Argued April 18, 2018 Decided June 11, 2018 | |
Full case name | Washington v. United States |
Docket no. | 17-269 |
Citations | 584 U.S. 837 ( more ) 138 S. Ct. 1832; 201 L. Ed. 2d 200 |
Case history | |
Prior | United 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 | |
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Case opinion | |
Per curiam | |
Kennedy took no part in the consideration or decision of the case. |
Washington v. United States, 584 U.S. 837 (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]
The case was argued on April 18, 2018. [5] [6]
The decision was per curiam . [7]
The state was given until 2030 to repair the highest-priority culverts. [8]
The Squaxin Island Tribe are the descendants of several Lushootseed clans organized under the Squaxin Island Indian Reservation, a Native American tribal government in western Washington state.
The Suquamish are a Lushootseed-speaking Native American people, located in present-day Washington in the United States. They are a southern Coast Salish people.
Tribal sovereignty in the United States is the concept of the inherent authority of Indigenous tribes to govern themselves within the borders of the United States.
United States v. Washington, 384 F. Supp. 312, aff'd, 520 F.2d 676, commonly known as the Boldt Decision, was a legal case in 1974 heard in the U.S. District Court for the Western District of Washington and the U.S. Court of Appeals for the Ninth Circuit. The case re-affirmed the rights of American Indian tribes in the state of Washington to co-manage and continue to harvest salmon and other fish under the terms of various treaties with the U.S. government. The tribes ceded their land to the United States but reserved the right to fish as they always had. This included their traditional locations off the designated reservations.
Sohappy v. Smith, 302 F. Supp. 899, was a federal case heard by the United States District Court for the District of Oregon, decided in 1969 and amended in 1975. It began with fourteen members of the Yakama who sued the U.S. state of Oregon over its fishing regulations. The federal court combined the case with another case, United States v. Oregon, in which the U.S. federal government sued the state along with the Yakama, Warm Springs, Umatilla, and Nez Perce tribes.
In Australia, Canada, New Zealand and the United States the term treaty rights specifically refers to rights for indigenous peoples enumerated in treaties with settler societies that arose from European colonization.
United States v. Winans, 198 U.S. 371 (1905), was a U.S. Supreme Court case that held that the Treaty with the Yakima of 1855, negotiated and signed at the Walla Walla Council of 1855, as well as treaties similar to it, protected the Indians' rights to fishing, hunting and other privileges.
Henry Lyle Adams was an American Native rights activist known as a successful strategist, tactician, and negotiator. He was instrumental in resolving several key conflicts between Native Americans and state and federal government officials after 1960. Born on a reservation in Montana and based in Washington state for much of his life, he participated in protests and negotiations in Washington, DC and Wounded Knee, South Dakota.
Billy Frank Jr. was a Native American environmental leader and advocate of treaty rights. As a member of the Nisqually tribe, Frank led a grassroots campaign in the 1960s and 1970s to secure fishing rights on the Nisqually River, located in Washington state. His efforts centered around promoting cooperative management of natural resources. Frank served as the chairman of the Northwest Indian Fisheries Commission for over thirty years.
Pan-Indianism is a philosophical and political approach promoting unity and, to some extent, cultural homogenization, among different Indigenous groups in the Americas regardless of tribal distinctions and cultural differences.
Montana v. United States, 450 U.S. 544 (1981), was a Supreme Court case that addressed two issues: (1) Whether the title of the Big Horn Riverbed rested with the United States, in trust for the Crow Tribe or passed to the State of Montana upon becoming a state and (2) Whether Crow Tribe retained the power to regulate hunting and fishing on tribal lands owned in fee-simple by a non-tribal member. First, the Court held that Montana held title to the Big Horn Riverbed because the Equal Footing Doctrine required the United States to pass title to the newly incorporated State. Second, the Court held that Crow Tribe lacked the power to regulate nonmember hunting and fishing on fee-simple land owned by nonmembers, but within the bounds of its reservation. More broadly, the Court held that Tribes could not exercise regulatory authority over nonmembers on fee-simple land within the reservation unless (1) the nonmember entered a "consensual relationship" with the Tribe or its members or (2) the nonmember's "conduct threatens or has some direct effect on the political integrity, the economic security, or the health or welfare of the tribe."
Menominee Tribe v. United States, 391 U.S. 404 (1968), is a case in which the Supreme Court ruled that the Menominee Indian Tribe kept their historical hunting and fishing rights even after the federal government ceased to recognize the tribe. It was a landmark decision in Native American case law.
Oregon Department of Fish and Wildlife v. Klamath Indian Tribe, 473 U.S. 753 (1985), was a case appealed to the US Supreme Court by the Oregon Department of Fish and Wildlife. The Supreme Court reversed the previous decisions in the District Court and the Court of Appeals stating that the exclusive right to hunt, fish, and gather roots, berries, and seeds on the lands reserved to the Klamath Tribe by the 1864 Treaty was not intended to survive as a special right to be free of state regulation in the ceded lands that were outside the reservation after the 1901 Agreement.
Idaho v. United States, 533 U.S. 262 (2001), was a United States Supreme Court case in which the Court held that the United States, not the state of Idaho, held title to lands submerged under Lake Coeur d'Alene and the St. Joe River, and that the land was held in trust for the Coeur d'Alene Tribe as part of its reservation, and in recognition of the importance of traditional tribal uses of these areas for basic food and other needs.
The Fish Wars were a series of civil disobedience protests by Native American tribes in the Pacific Northwest region of the United States during the 1960s and 1970s. These protests, coordinated by tribes around the Puget Sound, pressured the U.S. government to recognize fishing rights granted by the Treaty of Medicine Creek. They protested by continuing to fish on their land while risking charges being pressed against them.
Tulee v. Washington, 315 U.S. 681 (1942), was a United States Supreme Court case in which the Court held the Washington statute prescribing license fees for fishing is invalid as applied to a Yakama convicted on a charge of catching salmon with a net without first having obtained a license, in view of the 1855 treaty at the Walla Walla Council securing to them the exclusive right of taking fish in all streams running through or bordering reservation and right of taking fish at all usual and accustomed places in common with citizens of Washington.
Washington State Dep't of Licensing v. Cougar Den, Inc., 586 U.S. ___ (2019), was a United States Supreme Court case in which the Court held that the Yakama Nation Treaty of 1855 preempts the state law which the State purported to be able to tax fuel purchased by a tribal corporation for sale to tribal members. This was a 5-4 plurality decision, with Justice Breyer's opinion being joined by Justices Sotomayor and Kagan. Justice Gorsuch, joined by Justice Ginsburg, penned a concurring opinion. There were dissenting opinions by Chief Justice Roberts and Justice Kavanaugh.
McGirt v. Oklahoma, 591 U.S. ___ (2020), was a landmark United States Supreme Court case which held that the domain reserved for the Muscogee Nation by Congress in the 19th century has never been disestablished and constitutes Indian country for the purposes of the Major Crimes Act, meaning that the State of Oklahoma has no right to prosecute American Indians for crimes allegedly committed therein. The Oklahoma Court of Criminal Appeals applied the McGirt rationale to rule nine other Indigenous nations had not been disestablished. As a result, almost the entirety of the eastern half of what is now the State of Oklahoma remains Indian country, meaning that criminal prosecutions of Native Americans for offenses therein falls outside the jurisdiction of Oklahoma’s court system. In these cases, jurisdiction properly vests within the Indigenous judicial systems and the federal district courts under the Major Crimes Act.
The Pacific Salmon War was a period of heightened tensions between Canada and the United States over the Pacific Salmon catch. It began in 1992 after the first Pacific Salmon Treaty, which had been ratified in 1985, expired, and lasted until a new agreement was signed in 1999. Disagreements were high in 1994, when a transit fee was set on American fishing vessels using the Inside Passage and a ferry was blockaded by fishing boats in Friday Harbor, Washington.
Washington v. Washington State Commercial Passenger Fishing Vessel Association, 443 U.S. 658 (1979), was a United States Supreme Court case related to Indian fishing rights in Washington State. It held that the usual and accustomed clause of the Stevens Treaties protected Indians' share of anadromous fish in addition to protecting fishing grounds. To do this, runs of anadromous fish that travel through tribal fishing areas should be divided equally between treaty-protected and non-treaty parties. After that, the treaty-protected parties cut should be lowered if they can be satisfied with a smaller amount. The court also held that its decision superseded state law, and that Washington's Game and Fisheries Department may be required to make laws upholding the ruling.