October Term 2021
No. 21-404

United States v. Washington

Petitioner United States of America · Respondent State of Washington, et al.

Reporter
596 U.S. ___ (2022)
From
United States Court of Appeals for the Ninth Circuit
How it got here
writ of <i>certiorari</i>

Does a Washington state workers’ compensation law that applies exclusively to certain federal workers in that state violate the principle of intergovernmental immunity?

Question before the Court

What happened

The Hanford site was a federal nuclear production site in Washington State that operated between 1944 and 1989, producing substantial amounts of radioactive and chemically hazardous waste. The U.S. Department of Energy now oversees cleanup of the site, which is largely conducted by private contractors and subcontractors. In 2018, Washington amended its state workers’ compensation laws specifically for these cleanup workers. The amended law creates a rebuttable presumption that certain conditions and cancers are occupational diseases. The federal government challenged the law as violating the principle of intergovernmental immunity. The district court granted summary judgment for Washington, and the U.S. Court of Appeals for the Ninth Circuit affirmed.

Pending
with the majority concurring in dissent recused filed an opinion

The holding

Washington’s workers’ compensation law is unconstitutional under the Supremacy Clause because it facially discriminates against the federal government and does not fall within the scope of the federal waiver of immunity. Justice Stephen Breyer authored the unanimous opinion of the Court. The Supremacy Clause prohibits states from interfering with or controlling the operations of the federal government, also known as the intergovernmental immunity doctrine. Washington’s law explicitly treats federal workers differently from state and private workers, and imposes costs upon the federal government that state and private entities do not bear. As such, it is unconstitutional under the Supremacy Clause. Contrary to Washington’s claims, no federal law “clearly and unambiguously” waives federal immunity from workers’ compensation laws.

Argued by

For the petitioner
  • Malcolm L. Stewart for the Petitioner
For the respondent
  • Tera M. Heintz for the Respondents

Case path

  1. Jan 10, 2022 granted
  2. Apr 18, 2022 argued
  3. Jun 21, 2022 decided

Read the opinions