No. 20-772

Waterfront Commission of New York Harbor v. Phil Murphy, Governor of New Jersey, et al.

Lower Court: Third Circuit
Docketed: 2020-12-08
Status: Denied
Type: Paid
CVSGAmici (1)Response RequestedResponse WaivedRelisted (3) Experienced Counsel
Tags: congressional-approval ex-parte-young interstate-compact interstate-compacts preemption sovereign-immunity state-officials
Key Terms:
Privacy
Latest Conference: 2021-11-19 (distributed 3 times)
Question Presented (AI Summary)

Whether, under the doctrine of Ex parte Young, 209 U.S. 123 (1908), an interstate compact agency may sue a state official to prevent that official from implementing a state law that would be preempted under a congressionally approved interstate compact

Question Presented (OCR Extract)

QUESTION PRESENTED Interstate compacts are an important and effective means for interstate cooperation, allowing States to resolve disputes or a shared problem while avoiding costly and time-consuming original jurisdiction litigation. Under the Compact Clause of the United States Constitution, Congress has the authority to approve those compacts, and congressional approval gives compacts the status of federal law. Often, congressionally approved interstate compacts create agencies responsible for enforcing the terms of the compact, including through litigation. In a ruling that conflicts with decisions of other courts of appeals, the Third Circuit held below that sovereign immunity bars an interstate compact agency from suing a state official to prevent enforcement of a state law that would violate a congressionally enacted compact. The question presented in this case is: Whether, under the doctrine of Ex parte Young, 209 U.S. 123 (1908), an interstate compact agency may sue a state official to prevent that official from implementing a state law that would be preempted under a congressionally approved interstate compact. @

Docket Entries

2021-11-22
Petition DENIED.
2021-11-02
DISTRIBUTED for Conference of 11/19/2021.
2021-11-01
Supplemental brief of petitioner Waterfront Commission of New York Harbor filed. (Distributed)
2021-10-19
Brief amicus curiae of United States filed.
2021-04-05
The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
2021-03-16
DISTRIBUTED for Conference of 4/1/2021.
2021-03-16
Reply of petitioner Waterfront Commission of New York Harbor filed. (Distributed)
2021-03-01
Brief of respondents Governor of New Jersey, et al. in opposition filed.
2021-01-29
Response Requested. (Due March 1, 2021)
2021-01-13
DISTRIBUTED for Conference of 2/19/2021.
2021-01-13
Waiver of right of respondents New Jersey Senate, Senate President Stephen M. Sweeney, New Jersey General Assembly and Assembly Speaker Craig J. Coughlin to respond filed.
2021-01-05
Waiver of right of respondent Governor of New Jersey to respond filed.
2020-12-04
Petition for a writ of certiorari filed. (Response due January 7, 2021)

Attorneys

Governor of New Jersey
Jeremy Michael FeigenbaumOffice of the New Jersey Attorney General, Respondent
Jeremy Michael FeigenbaumOffice of the New Jersey Attorney General, Respondent
New Jersey Senate, Senate President Stephen M. Sweeney, New Jersey General Assembly and Assembly Speaker Craig J. Coughlin
Leon J. SokolCullen and Dykman LLP, Respondent
Leon J. SokolCullen and Dykman LLP, Respondent
United States
Elizabeth B. PrelogarSolicitor General, Amicus
Elizabeth B. PrelogarSolicitor General, Amicus
Waterfront Commission of New York Harbor
Seth P. WaxmanWilmer Cutler Pickering Hale and Dorr LLP, Petitioner
Seth P. WaxmanWilmer Cutler Pickering Hale and Dorr LLP, Petitioner