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

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Justices dubious of New Yorks 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 28, 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 governments 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 (key to color coding)
03/14/2022	Motion for leave to file a bill of complaint filed.
03/14/2022	Motions for preliminary relief and for expedited consideration of the motion for preliminary relief filed by plaintiff New York.
03/21/2022	Opposition to motion for preliminary relief filed by defendant New Jersey.
03/23/2022	Reply filed by plaintiff New York.
03/24/2022	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.
05/13/2022	Brief in response filed by defendant New Jersey.
05/13/2022	Joint motion for leave to file cross-motions for judgment on the pleadings filed.
05/23/2022	Reply filed by plaintiff New York.
05/31/2022	DISTRIBUTED for Conference of 6/16/2022.
06/21/2022	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.
08/22/2022	Answer of defendant New Jersey filed.
08/22/2022	Brief in support of defendant New Jersey’s motion for judgment on the pleadings not accepted for filing. (Corrected version submitted) (August 25, 2022)
08/22/2022	Motion for judgment on the pleadings of defendant New Jersey not accepted for filing. (Corrected version submitted) (August 25, 2022)
08/22/2022	Motion for judgment on the pleadings of defendant New Jersey filed.
08/29/2022	Brief amicus curiae of United States filed.
08/29/2022	Brief amicus curiae of Texas, et al. filed.
08/29/2022	Brief amicus curiae of Metropolitan Marine Maintenance Contractors' Association filed.
08/29/2022	Brief amicus curiae of law professors Janice Griffith, David Horton and Christopher Serkin filed.
08/29/2022	Brief amicus curiae of port businesses and other entities filed.
10/21/2022	Motion for judgment on the pleadings and opposition to defendant New Jersey's motion for judgment on the pleadings filed by plaintiff New York.
10/28/2022	Brief amicus curiae of Oregon filed.
10/28/2022	Brief amicus curiae of compact entities filed.
10/28/2022	Brief amicus curiae of professors Jeffrey B. Litwak, et al. filed.
10/28/2022	Motion for leave to file amicus brief filed by Waterfront Commission of New York Harbor.
10/28/2022	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.
11/07/2022	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.
11/22/2022	DISTRIBUTED for Conference of 12/9/2022..
11/22/2022	Reply in support of motion for judgment on the pleadings filed by plaintiff New York. (Distributed)
12/12/2022	The cross-motions for judgment on the pleadings are set for oral argument in due course.
12/12/2022	Motion for leave to file amicus brief filed by Waterfront Commission of New York Harbor GRANTED.
12/19/2022	SET FOR ARGUMENT on Monday, February 27, 2023.
01/17/2023	CIRCULATED
01/26/2023	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.
02/16/2023	RESCHEDULED ARGUMENT SET for Wednesday, March 1, 2023.
03/01/2023	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.)
04/18/2023	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.