Supreme docket on the docks
Today’s U.S. Supreme Court oral arguments, (now on live audio, thank you justices) differs substantially from other cases because the Big Nine are not reviewing the rulings of lower federal or state courts. This morning’s docket is State of New York, Plaintiff, vs. State of New Jersey, Defendant, and because states are equal sovereigns and in fact, created the U.S. Constitution, the whole trial will be handled by the high court.
Gov. Hochul sued Jersey’s Gov. Phil Murphy because the Garden State is illegally and unconstitutionally trying to walk away from the bistate Waterfront Commission of New York Harbor, the police agency that has battled the mob on the docks for 70 years. Trenton lawmakers, under the sway of the crooked-as-it-comes International Longshoremen’s Association and ILA’s allies in the New York Shipping Association, want to surrender to the gangsters.
Law enforcement officials in both states are horrified that killing the agency will return to mob rule on the waterfront.
But even if shutting down the Waterfront Commission did make sense, the compact agreed to by both states and blessed by Congress and signed by Ike, is a binding contract. It doesn’t come with an end date and is silent on one state unilaterally withdrawing. Of course, Jersey has sovereignty rights, but so does New York. The agreement they committed to requires all commission actions and all amendments to the operating rules must be done jointly. As any change in the relationship or the structure must be by mutual consent, so must be the ultimate change, a dissolution.
Such an equal partnership has worked well, as the waterfront cops successfully fight all five Mafia Families. The justices need to shoot down Jersey’s illegal move and let the agency continue on its mission until the mob is gone.
Should the top court decide that Jersey can split, then Murphy must soberly reassess if handing over his state’s ports to gangsters really makes sense. The fictional Tony Soprano is dead. But the real mob lives on.