State of Washington v. United States: Supreme Court to tackle salmon case without Justice Kennedy

When the full Supreme Court resumes arguments in mid-April, the Court will be short by one Justice when it considers a long-running dispute about salmon fishing, Indian treaty rights, and culverts in the state of Washington. On March 19, the Clerk of the Supreme Court clerk Scott Harris told the parties in State of Washington v. United States that a routine check missed Justice Anthony Kennedy’s participation in an earlier judicial decision from 1985, when Kennedy was on the federal circuit bench, related to the current case. After learning about the situation, the court said Justice Kennedy declined to end his participation in the current case. With eight Justices on the bench for the April 18 arguments, Washington v. United States should get its fair share of attention. >click to read<

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