New York v. New Jersey
Issues
Does the language of the Waterfront Commission Compact, which grants the Waterfront Commission broad policing and regulatory powers, permit New Jersey to unilaterally withdraw from the compact?
This case asks the Court to determine whether New Jersey can unilaterally withdraw from the Waterfront Commission Compact, which it signed with New York in 1953. New York argues that New Jersey cannot withdraw without New York’s agreement because the Compact’s writers intended to bar unilateral withdrawal. New York also argues that unilateral withdrawal would violate New York sovereignty. New Jersey argues that indefinite compacts with continuing duties, like the Waterfront Commission Compact, always allow unilateral withdrawal unless specifically stated otherwise. New Jersey further alleges that requiring mutual withdrawal would prevent New Jersey from reclaiming its sovereign powers. The outcome of this case will impact interstate compacts throughout the nation, state sovereignty, and anti-crime and anti-corruption efforts within the waterfront of New York and New Jersey.
Questions as Framed for the Court by the Parties
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.
In order to address criminal activity and corrupt hiring practices within the Port of New York, former New York Governor Thomas Dewey ordered an investigation of the port in November 1951. Waterfront Commission of New York Harbor v. Murphy at 2. The New York State Crime Commission, in conjunction with the New Jersey Law Enforcement Council, subsequently investigated the port, discovering rampant criminal activity. Id.
Additional Resources
- Paul Berger and Jess Bravin, New York vs. New Jersey Port Fight Heads to U.S. Supreme Court, Wall Street Journal (June 21, 2022).
- U.S. Supreme Court to Resolve Interstate Compact Dispute between New York and New Jersey, The Council of State Governments (July 15, 2022).
- Elura Nanos, New York and New Jersey Set to Argue Over Control of Docks Near Statute of Liberty in Supreme Court Case, Law & Crime (Dec. 12, 2022).