Last July, I wrote about an unusual move by the Washington Supreme Court to put out an order recalling the mandate and reversing a decision it made in 1916. The order cited the explicit racism and bigotry of the opinion in which the majority opinion badly mischaracterized, belittled, and insulted Native Americans, their treaty rights, and their culture.
Last week, the Washington Supreme Court voted unanimously to elevate the order to an opinion of the court, thus making it binding on all levels of state court. This is another effort by the court to not just talk the talk, but walk the walk when it comes to equity and equality in our justice system. As the opinion states, it was time “to repudiate this case; its language; its conclusions; and its mischaracterization of the Yakama people, who continue the customs, traditions, and responsibilities that include the fishing and conservation of the salmon in the Yakima River.”
It also means that this is more than just a symbolic move; no party or court can cite to any of the racist ideas from the 1916 opinion.
If you’re interested in reading more, today I also tweeted more about this case and about the language in the 1916 opinion.