Comments on: South Carolina sues in Supreme Court over water http://www.scotusblog.com/wp/south-carolina-sues-in-supreme-court-over-water/ The Supreme Court of the United States blog Thu, 26 Jun 2008 21:56:34 -0700 http://wordpress.org/?v=2.8.5 hourly 1 By: David.Huberman http://www.scotusblog.com/wp/south-carolina-sues-in-supreme-court-over-water/comment-page-1/#comment-11323 David.Huberman Fri, 08 Jun 2007 19:33:38 +0000 http://www.scotusblog.com/wp/uncategorized/south-carolina-sues-in-supreme-court-over-water/#comment-11323 As one example of how long original cases take, Virginia v. Maryland was submitted to SCOTUS in 2000 (530 U.S. 1201). SCOTUS handed down its decision in December 2003. As a second example, New Jersey v. Delaware has been going on since July 2005 and might be decided in OT2007. For a good look-see at the Special Master proceedings, take a look at the history of New Jersey v. Delaware to-date: http://www.pierceatwood.com/custompagedisplay.asp?Show=2 As one example of how long original cases take, Virginia v. Maryland was submitted to SCOTUS in 2000 (530 U.S. 1201). SCOTUS handed down its decision in December 2003. As a second example, New Jersey v. Delaware has been going on since July 2005 and might be decided in OT2007. For a good look-see at the Special Master proceedings, take a look at the history of New Jersey v. Delaware to-date:

http://www.pierceatwood.com/custompagedisplay.asp?Show=2

]]> By: Marc Shepherd http://www.scotusblog.com/wp/south-carolina-sues-in-supreme-court-over-water/comment-page-1/#comment-11322 Marc Shepherd Fri, 08 Jun 2007 18:01:58 +0000 http://www.scotusblog.com/wp/uncategorized/south-carolina-sues-in-supreme-court-over-water/#comment-11322 My impression is that proceedings before a Special Master generally proceed rather slowly. Some of these cases have dragged on for years. It is rather unlikely that the matter would be resolved in OT 07. My impression is that proceedings before a Special Master generally proceed rather slowly. Some of these cases have dragged on for years. It is rather unlikely that the matter would be resolved in OT 07.

]]> By: Phillip Edens http://www.scotusblog.com/wp/south-carolina-sues-in-supreme-court-over-water/comment-page-1/#comment-11321 Phillip Edens Fri, 08 Jun 2007 17:46:59 +0000 http://www.scotusblog.com/wp/uncategorized/south-carolina-sues-in-supreme-court-over-water/#comment-11321 Whats the average length of time it takes a Special Master to complete their work? I guess what I'm asking is does the Court have to render a decison in this by the end of OT 07? Also, how likely does the Court accept the SM's recommendations without further proceedings? Whats the average length of time it takes a Special Master to complete their work? I guess what I’m asking is does the Court have to render a decison in this by the end of OT 07?

Also, how likely does the Court accept the SM’s recommendations without further proceedings?

]]> By: David.Huberman http://www.scotusblog.com/wp/south-carolina-sues-in-supreme-court-over-water/comment-page-1/#comment-11320 David.Huberman Fri, 08 Jun 2007 15:10:57 +0000 http://www.scotusblog.com/wp/uncategorized/south-carolina-sues-in-supreme-court-over-water/#comment-11320 Dennis, see NJ v. Delaware, NJ. vs Nevada, Virginia v. Maryland, etc. These are all original lawsuits, between states, (often over water rights). Lately, SCOTUS has been appointing a Special Master (the famous Ralph Lancaster from Pierce Atwood in Maine) to handle all the details. The Special Master proceedings take a very long time, and all the discovery and arguments and research happen there. The Special Master then makes a recommendation which he submits to the court. The court ensures there is nothing else to report, that the Special Master has been duly paid by the parties, and then they decide what to do (either through a written decision or by ordering more actions to be taken [oral arguments, briefs, sending it back to the Special Master, etc.]). Dennis, see NJ v. Delaware, NJ. vs Nevada, Virginia v. Maryland, etc. These are all original lawsuits, between states, (often over water rights). Lately, SCOTUS has been appointing a Special Master (the famous Ralph Lancaster from Pierce Atwood in Maine) to handle all the details. The Special Master proceedings take a very long time, and all the discovery and arguments and research happen there. The Special Master then makes a recommendation which he submits to the court. The court ensures there is nothing else to report, that the Special Master has been duly paid by the parties, and then they decide what to do (either through a written decision or by ordering more actions to be taken [oral arguments, briefs, sending it back to the Special Master, etc.]).

]]> By: Dennis Bedard http://www.scotusblog.com/wp/south-carolina-sues-in-supreme-court-over-water/comment-page-1/#comment-11319 Dennis Bedard Fri, 08 Jun 2007 10:28:29 +0000 http://www.scotusblog.com/wp/uncategorized/south-carolina-sues-in-supreme-court-over-water/#comment-11319 The Supreme Court has original jurisdiction in actions between states. As a practical matter, how does this work? Is the court to be treated as a trial court and forced to handle mundane discovery motions? There must be precedent for this. Does anyone have any thoughts? The Supreme Court has original jurisdiction in actions between states. As a practical matter, how does this work? Is the court to be treated as a trial court and forced to handle mundane discovery motions? There must be precedent for this. Does anyone have any thoughts?

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