United States v. King County

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-35362

Plaintiff-Appellee, D.C. No. 2:20-cv-00203- v. RJB

KING COUNTY, Washington; DOW CONSTANTINE, in his official OPINION capacity as King County Executive,

Defendants-Appellants.

Appeal from the United States District Court for the Western District of Washington Robert J. Bryan, District Judge, Presiding

Argued and Submitted July 9, 2024 Seattle, Washington

Filed November 29, 2024

Before: Michael Daly Hawkins, Richard R. Clifton, and Daniel A. Bress, Circuit Judges.

Opinion by Judge Bress SUMMARY*

Article III Standing / Intergovernmental Immunity

The panel affirmed the district court’s summary judgment for the United States in the government’s action alleging that King County Executive Order PFC-7-1-EO, which directed county officials to ensure that future leases at Boeing Field prohibit fixed base operators (FBOs) from servicing U.S. Immigration and Customs Enforcement (ICE) charter flights, violated both the Supremacy Clause’s intergovernmental immunity…