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Supreme Court asks Biden Administration to Weigh in on Waterfront Commission Dispute

The Supreme Court directed the Biden administration to share its views on whether New Jersey should be allowed to withdraw from a powerful bi-state commission that monitors corruption at the storied Port of New York-New Jersey, a signal it may soon decide to hear the commission’s appeal from a lower court. The case is Waterfront Commission of New York Harbor v. Murphy, court file 20-772. The commission won at trial, foiling, at least temporarily, New Jersey’s move to exit from the commission, but that decision was reversed by the U.S. Court of Appeals for the 3rd Circuit. The Waterfront Commission is “a somewhat unique [interstate] compact agency,” according to the Yale Journal on Regulation. The commission is “a regulatory agency, exercising federal and state regulatory powers over interstate and international trade. While the missions of compact agencies are quite varied, most merely exercise the contracting states’ proprietary powers to construct …

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