The Supreme Court called for oral argument in a dispute between New York and New Jersey over New Jersey’s efforts to withdraw from a 1953 agreement involving seaport security. That announcement came on the list of orders from last week’s conference, released on Monday morning.
In late June, the justices granted New York’s request to file a complaint under the court’s 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 morning’s 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 Jersey’s 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 administration’s views on two pending petitions seeking the court’s 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 post is also published on SCOTUSblog.