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Twenty-one Washington tribes sued Washington over state roads with tiny culverts that restrict salmon migration, and therefore limit tribes' treaty fishing rights. That is the so-called “Culverts Case.” Fortunately, a federal court said the tribes are in the right and the federal court of appeals said the same.

Still, Ferguson brought the case as high as he could to violate treaty rights — all the way to U.S. Supreme Court. It is interesting to note that prominent Democrats Washington’s Gov. Jay Inslee as well as Hilary Franz, commissioner of public lands at the Department of Natural Resources and King County Executive Dow Constantine, all oppose Ferguson bringing the case to the Supreme Court. Still, despite the law and his own party’s opposition to his position, Ferguson is committed to violating legal obligations to Native communities.

The Supreme Court is deciding Ferguson’s case against Washington tribes right now. The case further jeopardizes Native treaty rights and Washington honoring its obligations.

Ferguson is on an island against tribal treaty rights — his fellow Democrats in Washington understand that Native Nations should be his allies. And make no mistake: Anti-Treaty rights are anti-Native in the same way that anti-immigration is anti-Latinx and anti-integration is anti-Black. In short, it’s racist. Like Trump.
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