SCOTUS Oral Arguments and Opinions

Oral Argument: United States v. Washington | Case No. 21-404 | Date Argued: 4/18/2022 | Date Decided: 6/21/2022


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United States v. Washington | Case No. 21-404 | Date Argued: 4/18/2022 | Date Decided: 6/21/2022

Question Presented: Whether a state workers' compensation law that applies exclusively to federal contract workers who perform services at a specified federal facility is barred by principles of intergovernmental immunity, or is instead authorized by 40 U.S.C. 3172(a), which permits the application of state workers' compensation laws to federal facilities "in the same way and to the same extent as if the premises were under the exclusive jurisdiction of the State."

Holding: Washington’s law facially discriminates against the Federal Government and its contractors. Because §3172 does not clearly and unambiguously waive the Federal Government’s immunity from discriminatory state laws, Washington’s law is unconstitutional under the Supremacy Clause.

Result: Judgment REVERSED and case REMANDED.

Voting Breakdown: 9-0. Justice Breyer delivered the opinion for a unanimous Court.

Link to Opinion: Here.

Oral Advocates:

For Petitioner: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D.C. For Respondents: Tera M. Heintz, Deputy Solicitor General, Olympia, Wash.

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