United States v. Washington
Tue, 2021-Oct-12 01:24 UTC
Length - 3:41
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The featured article for Tuesday, 12 October 2021 is United States v. Washington.
United States v. Washington, 384 F. Supp. 312 (W. D. Wash. 1974), aff'd, 520 F.2d 676 (9th Cir. 1975), commonly known as the Boldt Decision (from the name of the trial court judge, George Hugo Boldt), 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.
Over time, the state of Washington had infringed on the treaty rights of the tribes despite losing a series of court cases on the issue. Those cases provided the Indigenous peoples a right of access through private property to their fishing locations, and said that the state could neither charge the Indigenous peoples a fee to fish nor discriminate against the tribes in the method of fishing allowed. Those cases also provided for the Indigenous peoples' rights to a fair and equitable share of the harvest. The Boldt decision further defined that reserved right, holding that the tribes were entitled to half the fish harvest each year.
In 1975 the Ninth Circuit Court of Appeals upheld Judge Boldt's ruling. The U. S. Supreme Court declined to hear the case. After the state refused to enforce the court order, Judge Boldt ordered the United States Coast Guard and federal law enforcement agencies to enforce his rulings. On July 2, 1979, the Supreme Court rejected a collateral attack on the case, largely endorsing Judge Boldt's ruling and the opinion of the Ninth Circuit. In Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n, Justice John Paul Stevens wrote that "[b]oth sides have a right, secured by treaty, to take a fair share of the available fish." The Supreme Court also endorsed Boldt's orders to enforce his rulings using federal law enforcement assets and the Coast Guard.
This recording reflects the Wikipedia text as of 01:24 UTC on Tuesday, 12 October 2021.
For the full current version of the article, see United States v. Washington on Wikipedia.
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