Sunday, April 3, 2022

NY Sues NJ Over Compact Governing Port Of NY And NJ

Cert Petitions and One original Action, ask the Supreme Court to consider, whether New Jersey can Withdraw from its Waterfront Commission Compact with New York, concerning Governance and Law Enforcement over the Port of New York and New Jersey.

In New York v. New Jersey, New York files an Original action in the Supreme Court against New Jersey, asking the Justices to decide whether New Jersey can Unilaterally Withdraw from the States’ Waterfront Commission Compact.

The Compact, agreed to in 1953, formed the Waterfront Commission of New York Harbor, and granted it Broad Regulatory and Law-Enforcement powers over Operations at the Ports.

To create the Compact, each State passed Statutes and, as New York’s Bill of Complaint indicates, is a Constitutional Requirement for Interstate Compacts, Congress consented as well.

However, in 2018, New Jersey passed a Sstatute to Withdraw from the Compact, and on Dec. 27th, 2021, it formally notified New York that it intends to withdraw.

New York maintains that the Terms of the Compact provide that only Congress can Repeal it and that, insofar as the Compact represents a Federal Statute, its breach Violates Federal Law.

In earlier Litigation, the Waterfront Commission Sued the New Jersey Governor, to Prevent him from enforcing the Law.

However, the U.S. Court of Appeals for the 3rd Circuit, agreed with the Governor that State Sovereign Immunity barred the Suit.

To the 3rd Circuit, the Compact did Not amount to Federal Law, such that the Doctrine of Ex parte Young, which allows Federal Courts to Enjoin State Officials from taking actions that allegedly Violate Federal Law, did not apply.

The Supreme Court denied Certiorari in Waterfront Commission of New York Harbor v. Murphy.

However, on March 24th, 2022, at the outset of the present Litigation, which is Not barred by State Sovereign Immunity because it falls under the Supreme Court’s Original Jurisdiction, the Justices issued an Order enjoining New Jersey from “taking action to withdraw unilaterally from the Compact or terminate the Commission pending disposition of the motion for leave to file a bill of complaint and, if granted, disposition of the case.”

NYC Wins When Everyone Can Vote! Michael H. Drucker

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