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New York v. New Jersey

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Supreme Court of the United States
New York v. New Jersey
Term: 2022
Important Dates
Argued: March 1, 2023
Decided: April 18, 2023
Outcome
New Jersey's motion is granted. New York's cross-motion is denied.[1]
Vote
9-0
Majority
Brett Kavanaugh • Chief Justice John Roberts • Clarence Thomas • Samuel Alito • Sonia Sotomayor • Elena Kagan • Neil Gorsuch • Amy Coney Barrett • Ketanji Brown Jackson

New York v. New Jersey is a case that was decided by the Supreme Court of the United States on April 18, 2023, during the court's October 2022-2023 term. The case was argued before the court on March 1, 2023. In a unanimous decision, the Supreme Court ruled that despite opposition from the state of New York, New Jersey is allowed to unilaterally withdraw from the 1953 Waterfront Commission Compact. Justice Brett Kavanaugh delivered the opinion of the Court.[1] Click here for more information about the ruling.


HIGHLIGHTS
  • The issue: The case concerned New York and New Jersey's Waterfront Commission Compact and the Waterfront Commission of New York Harbor. Click here to learn more about the case's background.
  • The questions presented: "Whether the Supreme Court should issue declaratory judgment and/or enjoin New Jersey from withdrawing from its Waterfront Commission Compact with New York, which grants the Waterfront Commission of New York Harbor broad regulatory and law-enforcement powers over all operations at the Port of New York and New Jersey."[2]
  • The outcome: Despite opposition from the state of New York, New Jersey is allowed to unilaterally withdraw from the 1953 Waterfront Commission Compact.


    • The case came on a writ of certiorari under the court's original jurisdiction.

    Timeline

    The following timeline details key events in this case:

    • April 18, 2023: The U.S. Supreme Court granted New Jersey's motion and denied New York's cross-motion.
    • March 1, 2023: The U.S. Supreme Court heard oral argument. The case was originally scheduled for arguments on February 27, 2023.
    • December 19, 2022: The U.S. Supreme Court granted the cross-motions for judgment on the pleadings and scheduled the case for argument.
    • May 13, 2022: New Jersey and New York jointly filed a motion for leave to file cross-motions for judgment on the pleadings with the U.S. Supreme Court.
    • March 14, 2022: New York filed a motion for leave to file a bill of complaint with the U.S. Supreme Court.

    Background

    In 1953, New York and New Jersey formed the Waterfront Commission Compact which was created to form the Waterfront Commission of New York Harbor. The commission addresses racketeering and other criminal activity in the Port of New York and New Jersey. To create the compact, New York and New Jersey enacted identical statutes and obtained the consent of Congress. The Waterfront Commission Compact gives the bistate commission board regulatory and law-enforcement powers over the port.[3][4]

    On December 27, 2021, New Jersey notified Congress and New York that it intended to unilaterally withdraw from the compact and terminate the commission. In 2022, New York invoked the Supreme Court’s original jurisdiction and filed a complaint against New Jersey. New York claims that New Jersey does not have the power to unilaterally withdraw from the compact or terminate the commission without New York’s consent and that the Waterfront Commission Compact is a binding contract that can only be amended through legislation by both states. They also argue that the compact can only be repealed by Congress and, because it is a federal statute, breaching it would violate federal law.[3][4]

    Questions presented

    The petitioner presented the following questions to the court:[2]

    Questions presented:
    “ Whether the Supreme Court should issue declaratory judgment and/or enjoin New Jersey from withdrawing from its Waterfront Commission Compact with New York, which grants the Waterfront Commission of New York Harbor broad regulatory and law-enforcement powers over all operations at the Port of New York and New Jersey.[5] ”

    Oral argument

    Audio

    Audio of oral argument:[6]




    Transcript

    Transcript of oral argument:[7]

    Outcome

    In a 9-0 vote, the Supreme Court granted New Jersey's motion on the case and denied New York's cross-motion. The Court held that despite opposition from the state of New York, New Jersey is allowed to unilaterally withdraw from the 1953 Waterfront Commission Compact. Justice Brett Kavanaugh delivered the unanimous opinion.[1][8]

    Opinion

    “ In sum, background principles of contract law, reinforced here by principles of state sovereignty and the fact that the States did not intend for the Compact to operate forever, indicate that New Jersey may unilaterally withdraw from the Waterfront Commission Compact. To be clear, the contract-law rule that we apply today governs compacts (like this Compact) that are silent as to unilateral withdrawal and that exclusively call for ongoing performance on an indefinite basis. But that rule does not apply to other kinds of compacts that do not exclusively call for ongoing performance on an indefinite basis—such as compacts setting boundaries, apportioning water rights, or otherwise conveying property interests. Both New York and New Jersey agree that States may not unilaterally withdraw from compacts that are silent as to withdrawal and that set boundaries, apportion water rights, or otherwise convey property interests. See Brief for New York 3–4, 30, 38; Brief for New Jersey 27–29; Tr. of Oral Arg. 30, 44, 55.[5] ”
    —Justice Brett Kavanaugh[1]

    Text of the opinion

    Read the full opinion here.

    October term 2022-2023

    See also: Supreme Court cases, October term 2022-2023

    The Supreme Court began hearing cases for the term on October 3, 2022. The court's yearly term begins on the first Monday in October and lasts until the first Monday in October the following year. The court generally releases the majority of its decisions in mid-June.[9]


    See also

    External links

    Footnotes

    1. ↑ 1.0 1.1 1.2 1.3 SupremeCourt.gov, "NEW YORK v. NEW JERSEY ON CROSS-MOTIONS FOR JUDGMENT ON THE PLEADINGS," accessed April 18, 2023
    2. ↑ 2.0 2.1 SCOTUSblog, "New York v. New Jersey," accessed December 20, 2022
    3. ↑ 3.0 3.1 SupremeCourt.gov, "State of New York, Plaintiff, v. State of New Jersey, Defendant," accessed December 23, 2022
    4. ↑ 4.0 4.1 SCOTUSblog, "New York sues New Jersey over compact governing Port of New York and New Jersey," April 2, 2022
    5. ↑ 5.0 5.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    6. ↑ Supreme Court of the United States, "Oral Argument - Audio," argued March 1, 2023
    7. ↑ Supreme Court of the United States, "Oral Argument - Transcript," argued March 1, 2023
    8. ↑ Scotusblog, "Justices validate New Jersey’s decision to leave commission for Port of New York and New Jersey," accessed April 20, 2023
    9. ↑ SupremeCourt.gov, "The Supreme Court at Work: The Term and Caseload," accessed January 24, 2022
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