The Supreme Court today ruled 6-2 in New Jersey v. Delaware that neither New Jersey nor Delaware have exclusive rights to construct certain structures in their bordering river.

Article VII of the 1905 Compact, we hold,did not secure to New Jersey exclusive jurisdiction over allriparian improvements commencing on its shores.2 The parties’ own conduct, since the time Delaware has endeavored to regulate coastal development, supports the conclusion to which other relevant factors point: New Jersey and Delaware have overlapping authority to regulate riparian structures and operations of extraordinary character extending outshore of New Jersey’s domain into territoryover which Delaware is sovereign.

Justice Ginsburg penned the majority opinion, Justice Stevens wrote an opinion partially concurring and partially dissenting, and Justice Scalia wrote a dissent that was joined by Justice Alito.


Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Categories

Random Posts

  • Four 8-1 Decisions in One Day: The Supreme Court released four opinions today, and each was 8-1. You can find all of the opinions here. CompuCredit v. Greenwood, a case...
  • Likelihood of a Petition Being Granted: There are a lot of numbers thrown out about the likelihood of a cert. petition being granted. The number I've always heard is 1%, but I some...
  • Updated Term Charts: Starting this week, I'll be posting my updated charts on SCOTUSblog. You can find the first SB version of my charts here. More spec...
  • Nearly Final Term Statistics and Advocate Scorecard: My goal was to publish the final term statistics today, but because the Court will hear rearguments in Citzens United and likely issue an op...
  • An Unusually Short Long Conference: The Supreme Court released an order list from yesterday's Long Conference and, in a surprising move, it granted only seven cases. That numbe...