New York v. New Jersey
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 22O156 |
Mar 1, 2023 |
Apr 18, 2023 | 9-0 | Kavanaugh | OT 2022 |
Holding: Notwithstanding opposition by the state of New York, New Jersey may unilaterally withdraw from the 1953 Waterfront Commission Compact.
Judgment: New Jersey’s motion for judgment on the pleadings granted; New York’s cross-motion for judgment on the pleadings denied, 9-0, in an opinion by Justice Kavanaugh on April 18, 2023.
SCOTUSblog Coverage
- Justices validate New Jersey’s decision to leave commission for Port of New York and New Jersey (Ronald Mann, April 18, 2023)
- Justices dubious of New York’s efforts to keep New Jersey in waterfront-safety commission (Ronald Mann, March 1, 2023)
- From the shores of New York Harbor, a scuffle over port security and state sovereignty (Ronald Mann, February 27, 2023)
- Court schedules February arguments on student-loan relief, tech companies’ liability (Amy Howe, December 19, 2022)
- Court orders oral argument in N.Y.-N.J. dispute and requests government’s views on two pending petitions (Amy Howe, December 12, 2022)
- Justices grant review in cases on Bank Secrecy Act and False Claims Act (Amy Howe, June 21, 2022)
- New York sues New Jersey over compact governing Port of New York and New Jersey (Andrew Hamm, April 2, 2022)
| Date | Proceedings and Orders |
|---|---|
| Mar 14 2022 | Motion for leave to file a bill of complaint filed. |
| Mar 14 2022 | Motions for preliminary relief and for expedited consideration of the motion for preliminary relief filed by plaintiff New York. |
| Mar 21 2022 | Opposition to motion for preliminary relief filed by defendant New Jersey. |
| Mar 23 2022 | Reply filed by plaintiff New York. |
| Mar 24 2022 | The motion for preliminary relief is granted. New Jersey is hereby enjoined from enforcing Chapter 324 or 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. |
| May 13 2022 | Brief in response filed by defendant New Jersey. |
| May 13 2022 | Joint motion for leave to file cross-motions for judgment on the pleadings filed. |
| May 23 2022 | Reply filed by plaintiff New York. |
| May 31 2022 | DISTRIBUTED for Conference of 6/16/2022. |
| Jun 21 2022 | Motion for leave to file a bill of complaint GRANTED. Joint motion for leave to file cross-motions for judgment on the pleadings GRANTED. New Jersey is allowed until August 22, 2022 to file an answer and motion for judgment on the pleadings; New York’s opposition and cross-motion for judgment on the pleadings is due on or before October 21, 2022; New Jersey’s response to New York’s cross-motion and reply in support of its motion is due on or before November 7, 2022; and New York’s reply in support of its cross-motion is due on or before November 22, 2022. |
| Aug 22 2022 | Answer of defendant New Jersey filed. |
| Aug 22 2022 | Brief in support of defendant New Jersey’s motion for judgment on the pleadings not accepted for filing. (Corrected version submitted) (August 25, 2022) |
| Aug 22 2022 | Motion for judgment on the pleadings of defendant New Jersey not accepted for filing. (Corrected version submitted) (August 25, 2022) |
| Aug 22 2022 | Motion for judgment on the pleadings of defendant New Jersey filed. |
| Aug 29 2022 | Brief amicus curiae of United States filed. |
| Aug 29 2022 | Brief amicus curiae of Texas, et al. filed. |
| Aug 29 2022 | Brief amicus curiae of Metropolitan Marine Maintenance Contractors' Association filed. |
| Aug 29 2022 | Brief amicus curiae of law professors Janice Griffith, David Horton and Christopher Serkin filed. |
| Aug 29 2022 | Brief amicus curiae of port businesses and other entities filed. |
| Oct 21 2022 | Motion for judgment on the pleadings and opposition to defendant New Jersey's motion for judgment on the pleadings filed by plaintiff New York. |
| Oct 28 2022 | Brief amicus curiae of Oregon filed. |
| Oct 28 2022 | Brief amicus curiae of compact entities filed. |
| Oct 28 2022 | Brief amicus curiae of professors Jeffrey B. Litwak, et al. filed. |
| Oct 28 2022 | Motion for leave to file amicus brief filed by Waterfront Commission of New York Harbor. |
| Oct 28 2022 | Motion for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed by the Solicitor General. |
| Nov 07 2022 | Opposition to New York's motion for judgment on the pleadings and reply in support of motion for judgment on the pleadings filed by defendant New Jersey. |
| Nov 22 2022 | DISTRIBUTED for Conference of 12/9/2022.. |
| Nov 22 2022 | Reply in support of motion for judgment on the pleadings filed by plaintiff New York. (Distributed) |
| Dec 12 2022 | The cross-motions for judgment on the pleadings are set for oral argument in due course. |
| Dec 12 2022 | Motion for leave to file amicus brief filed by Waterfront Commission of New York Harbor GRANTED. |
| Dec 19 2022 | SET FOR ARGUMENT on Monday, February 27, 2023. |
| Jan 17 2023 | CIRCULATED |
| Jan 26 2023 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED. |
| Feb 16 2023 | RESCHEDULED ARGUMENT SET for Wednesday, March 1, 2023. |
| Mar 01 2023 | Argued. For plaintiff: Judith N. Vale, Deputy Solicitor General, New York, N. Y. For defendant: Jeremy M. Feigenbaum, Solicitor General, Trenton, N. J.; and Austin Raynor, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| Apr 18 2023 | New Jersey's motion for judgment on the pleadings GRANTED; New York's cross-motion for judgment on the pleadings DENIED. Kavanaugh, J., delivered the opinion for a unanimous Court. |
