Washington v. United States

WASHINGTON v. UNITED STATES et al.

certiorari to the united states court of appeals

for the ninth circuit No. 17–269. Argued April 18, 2018—Decided June 11, 2018

853 F. 3d 946, affirmed by an equally divided Court.

Noah G . Purcell, Solicitor General of Washington, argued the cause for petitioner. With him on the briefs were Robert W. Ferguson, Attorney General of Washington, Fronda C . Woods, Assistant Attorney General, and Jay D . Geck and Anne E . Egeler, Deputy Solicitors General.

Allon Kedem argued the cause for the United States. With him on the brief were Solicitor General Francisco , Acting Assistant Attorney General Wood, Deputy Assistant Attorney General Kneedler , William B . Lazarus, and Evelyn S. Ying.

William M. Jay argued the cause for tribal respondents. With him on the brief were Brian T. Burgess, Jaime A. Santos, Kevin P. Martin, Riyaz A. Kanji, John C. Sledd, Jane G. Steadman, Mary Neil, James R . Sigel, Deanne E . Maynard, Brian R . Matsui, Thomas Zeilman, Craig Dorsay, Lea Ann Easton , Brian Gruber , Alan C . Stay , Ann E . Tweedy , Lauren Rasmussen, Steve Suagee, Sam Hough, Earle David Lees, Kevin R . Lyon, Samuel J . Stiltner, John Howard Bell, Harry R . Sachse, Timothy J . Filer, Scott Owen Mannakee , David Hawkins, Arthur W . Harrigan, Jr., Tyler L . Farmer , Kristin Ballinger , James Rittenhouse Bellis, Emily Hutch-inson Haley, and Mason D . Morisset.*

*Briefs of amici curiae urging reversal were filed for the State of Idaho et al. by Lawrence G . Wasden, Attorney General of Idaho, Steven L. Olsen, Chief of Civil Litigation, and Clay R . Smith, Deputy Attorney General, and by the Attorneys General for their respective States as follows: Curtis T. Hill, Jr., of Indiana, Derek Schmidt of Kansas, Jeff Landry of Louisiana, Janet T. Mills of Maine, Bill Schuette of Michigan, Tim Fox of Montana, Doug Peterson of Nebraska, Mike Hunter of Oklahoma, Brad D. Schimel Page Proof Pending Publication

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The judgment is affirmed by an equally divided Court.

Justice Kennedy took no part in the decision of this case.

of Wisconsin, and Peter K. Michael of Wyoming; for the American Forest & Paper Association et al. by Timothy S. Bishop and Chad M. Cla-mage; for Business Organizations et al. by Eric D. Miller and Jennifer A. MacLean; for Citizens Equal Rights Foundation et al. by James J. Devine, Jr., Lana E . Marcussen, and Lawrence A. Kogan; for Modoc Point Irrigation District et al. by Ronald S. Yockim; for Pacific Legal Foundation by Damien M. Schiff ; and for Washington State Association of Counties et al. by Robert M. McKenna, Brian T. Moran, and Marc R . Shapiro.

Briefs of amici curiae urging affirmance were filed for the Confederated Tribes of the Warm Springs Reservation of Oregon et al. by Howard G . Arnett; for Law Professors by Collette Routel; for the National Congress of American Indians et al. by Troy A. Eid, Jennifer H . Weddle , Paul Spruhan, and John T. Harrison; for Pacific Coast Federation of Fishermen's Associations et al. by Amanda W . Goodin, Janette K. Brimmer , Jonathan W . Dettmann, and Craig S. Coleman; for Washington State Officials et al. by Pratik A. Shah; and for Daniel J. Evans by Joseph P.

Mentor , Jr. Page Proof Pending Publication

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Orders commencing with May 14, 2018, begin with page 970. The preceding orders in 584 U. S., from March 22 through May 9, 2018, were reported in Part 1, at 901–970. These page numbers are the same as they will be in the bound volume, thus making the permanent citations available upon publication of the preliminary prints of the United States

Reports. Page Proof Pending Publication

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