In the 1961 case Organized Village of Kake et al. v. Egan, Governor of Alaska, the U.S. Supreme Court ruled in favor of Alaskan native tribes over a dispute regarding fishing rights. The state had attempted to regulate fishing by prohibiting fish traps used by local tribes for subsistence purposes, arguing that it was within their jurisdiction as a newly admitted state to do so under its police powers and conservation efforts. However, the court found that these regulations conflicted with federal law which protected indigenous peoples' traditional hunting and fishing practices from interference or regulation by states without explicit congressional authorization. Therefore, until Congress explicitly granted such power to Alaska (which it has not done), tribal members could continue using fish traps despite any contrary state laws or regulations.

In the dissenting opinion for Organized Village of Kake et al. v. Egan, Governor of Alaska, Justice Hugo Black argued that Congress had not explicitly terminated the traditional fishing rights of Tlingit and Haida tribes when it passed the White Act in 1924 or with any subsequent legislation. He contended that these tribes should be allowed to continue their customary and traditional fishing practices without interference from state regulation unless Congress clearly stated otherwise. Furthermore, he disagreed with the majority's interpretation of congressional silence on this issue as an implicit termination of native rights; instead, he believed such silence indicated a desire to maintain status quo until explicit changes were made by Congress itself.