United States v. Washington

Wikipedia · Justia (with opinion) · Docket · oyez.org

Argued on Apr 18, 2022.
Decided on Jun 21, 2022.

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

Advocates:

• Malcolm L. Stewart (for the Petitioner)

Facts of the case (from oyez.org)

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.

Question

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

Conclusion

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.