No. 20-1761

Jennifer Berrier, Acting Secretary, Pennsylvania Department of Labor and Industry v. Delaware River Joint Toll Bridge Commission

Lower Court: Third Circuit
Docketed: 2021-06-17
Status: Denied
Type: Paid
Tags: compact-clause constitutional-law delaware-river-commission delaware-river-joint-toll-bridge-commission interstate-compact sovereign-authority state-sovereignty third-circuit-court-of-appeals
Key Terms:
Takings Securities LaborRelations Privacy JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Do compacting States, simply by creating an interstate compact, relinquish all sovereign authority over that compact entity unless expressly reserved?

Question Presented (OCR Extract)

QUESTION PRESENTED Under the Compact Clause of the Constitution, the States may contract with each other to cooperatively address issues of mutual concern. U.S. CONST., Art. I, § 10, cl. 3. In 1934, Pennsylvania and New Jersey entered into an interstate compact to construct bridges across the Delaware River and created the Delaware River Joint Toll Bridge Commission. The Third Circuit Court of Appeals held _ that Pennsylvania relinquished a// sovereign authority over that Commission merely by entering into the compact. The question presented is: Do compacting States, simply by creating an interstate compact, relinquish all sovereign authority over that compact entity unless expressly reserved?

Docket Entries

2021-10-04
Petition DENIED.
2021-08-04
DISTRIBUTED for Conference of 9/27/2021.
2021-07-29
Reply of petitioner Secretary Pennsylvania Department of Labor and Industry filed. (Distributed)
2021-07-16
Brief of respondent Delaware River Joint Toll Bridge Commission in opposition filed.
2021-06-11
Petition for a writ of certiorari filed. (Response due July 19, 2021)

Attorneys

Delaware River Joint Toll Bridge Commission
John Carroll ConnellArcher & Greiner, Respondent
Secretary Pennsylvania Department of Labor and Industry
John Bartley DeLoneAttorney General's Office, Petitioner