Court orders oral argument in N.Y.-N.J. dispute and requests governments views on two pending petitions


The Supreme Court called for oral argument in a dispute between New York and New Jersey over New Jerseys efforts to withdraw from a 1953 agreement involving seaport security. That announcement came on the list of orders from last weeks conference, released on Monday morning.
In late June, the justices granted New Yorks request to file a complaint under the courts original jurisdiction that is, its power to hear disputes between the states without having to wait for the lower courts to consider them first. Monday mornings order set the dispute in New York v. New Jersey for oral argument in due course, which is likely to mean sometime next spring. The justices will review New Jerseys attempt to withdraw from the states Waterfront Commission Compact, which was formed to combat corruption at the New York Harbor.
The justices also asked for the Biden administrations views on two pending petitions seeking the courts review. In Buckner v. U.S. Pipe & Foundry, the justices have been asked to decide whether a coal company can be required to maintain health care benefits for retirees after bankruptcy. And in ML Genius Holdings v. Google, the question is whether the Copyright Act preempts a breach-of-contract claim by Genius, an online platform for transcribing song lyrics, against Google, for violating its promise not to use content from Genius for commercial purposes. There is no deadline for the U.S. solicitor general to file her briefs.
The justices next scheduled conference is on Jan. 6, 2023.
This article was originally published at Howe on the Court.
Posted in Cases in the Pipeline, Merits Cases
Cases: Buckner v. United States Pipe & Foundry Co., ML Genius Holdings LLC v. Google LLC, New York v. New Jersey