Text & Citations for Print #10: Katie John v. United States, 1985 – 2014
“In 1984, Katie John and another Ahtna elder, Doris Charles, submitted a proposal requesting that the Alaska State Board of Fisheries open Batzulnetas to subsistence fishing. Their request was denied, despite the fact that downstream users were permitted to take hundreds of thousands of salmon for sport and commercial uses.”
“Katie John—Her Life and Legacy.” Native American Rights Fund.
“The Native American Rights Fund prefers the federal action, said Kendall-Miller. ‘To us, this is the equivalent of a treaty right,’ as the federal government has promised to protect subsistence hunting and fishing in Alaska, she said.”
DeMarban, Alex. “Three decades of Katie John litigation ends with Supreme Court declining to review key case.” ADN.com. Alaska Dispatch News, 31 March 2014. Updated 28 September 2016.
Katie John I.
The United States District Court for the District of Alaska issued its opinion on March 30, 1994. John v. United States, No. A90-0484-CV (HRH), 1994 WL 487830 (D. Alaska Mar. 30, 1994). This opinion was appealed, and the United States Court of Appeals for the Ninth Circuit reversed the district court. Alaska v. Babbitt, 54 F.3d 549 (9th Cir. 1995). The Ninth Circuit then withdrew and superseded its first opinion and issued a new opinion affirming the district court. Alaska v. Babbitt, 72 F.3d 698 (9th Cir. 1995). This opinion is Kati John I. The Ninth Circuit denied a rehearing en banc and the Supreme Court of the United States denied certiorari.
Katie John II.
Following Katie John I, the district court entered a final order pursuant to the Ninth Circuit’s decision in Katie John I. Katie John then sought to have the Ninth Circuit issue a summary affirmance of the district court opinion, based on Katie John I. The Ninth Circuit affirmed the district court order adhering to its opinion in Katie John I. John v. United States, 247 F.3d 1032 (9th Cir. 2001) (en banc) (per curium). This Ninth Circuit opinion is Katie John II.
Katie John III.
Following Katie John II, the district court entered two different orders. See John v. United States, No. 3:05-cv-0006-HRH, 2007 WL 9637058 (D. Alaska May 17, 2007) and John v. United States, No. 3:05-cv-0006-HRH, 2009 WL 1065979 (D. Alaska Apr. 22, 2009). These orders were affirmed on a consolidated appeal by the Ninth Circuit. John v. United States, 720 F.3d 1214 (9th Cir. 2013). This opinion is Katie John III.
- Small print behind the media quotes and the appeals summary includes excerpts from the decisions that I copied & pasted from the website Thomson Reuters Westlaw.
“WordWrap 2017: Historical Reflections on the Law of the Land.” Created by Lisa Link for the Alaska Sesquicentennial Commemorative Exhibit, “Voices of Change: Perspectives on the Transfer of Alaska from Russia to the United States” at Sitka National Historical Park.