| Washington v. United States | |
|---|---|
 | |
| 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 | |
| |
| 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]
Contents
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]
