New York v. New Jersey
Docket No.22o156
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 Brett Kavanaugh on Apr 18, 2023.
Mar 14, 2022Motion for leave to file a bill of complaint filed.Mar 14, 2022Motions for preliminary relief and for expedited consideration of the motion for preliminary relief filed by plaintiff New York.Mar 21, 2022Opposition to motion for preliminary relief filed by defendant New Jersey.Mar 23, 2022Reply filed by plaintiff New York.
Mar 24, 2022The 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, 2022Brief in response filed by defendant New Jersey.May 13, 2022Joint motion for leave to file cross-motions for judgment on the pleadings filed.May 23, 2022Reply filed by plaintiff New York.May 31, 2022DISTRIBUTED for Conference of 6/16/2022.
Jun 21, 2022Motion 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, 2022Answer of defendant New Jersey filed.Aug 22, 2022Brief 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, 2022Motion for judgment on the pleadings of defendant New Jersey not accepted for filing. (Corrected version submitted) (August 25, 2022)
Aug 22, 2022Motion for judgment on the pleadings of defendant New Jersey filed.Aug 29, 2022Brief amicus curiae of United States filed.Aug 29, 2022Brief amicus curiae of Texas, et al. filed.Aug 29, 2022Brief amicus curiae of Metropolitan Marine Maintenance Contractors' Association filed.Aug 29, 2022Brief amicus curiae of law professors Janice Griffith, David Horton and Christopher Serkin filed.Aug 29, 2022Brief amicus curiae of port businesses and other entities filed.Oct 21, 2022Motion 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, 2022Brief amicus curiae of Oregon filed.Oct 28, 2022Brief amicus curiae of compact entities filed.Oct 28, 2022Brief amicus curiae of professors Jeffrey B. Litwak, et al. filed.Oct 28, 2022Motion for leave to file amicus brief filed by Waterfront Commission of New York Harbor.Oct 28, 2022Motion 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 7, 2022Opposition 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, 2022DISTRIBUTED for Conference of 12/9/2022..
Nov 22, 2022Reply in support of motion for judgment on the pleadings filed by plaintiff New York. (Distributed)Dec 12, 2022The cross-motions for judgment on the pleadings are set for oral argument in due course.
Dec 12, 2022Motion for leave to file amicus brief filed by Waterfront Commission of New York Harbor GRANTED.
Dec 19, 2022SET FOR ARGUMENT on Monday, February 27, 2023.
Jan 17, 2023CIRCULATED
Jan 26, 2023Motion 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, 2023RESCHEDULED ARGUMENT SET for Wednesday, March 1, 2023.
Mar 1, 2023Argued. 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, 2023New 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.
Recommended Citation: New York v. New Jersey, SCOTUSblog, https://www.scotusblog.com/cases/new-york-v-new-jersey/