Rather, the justices were most interested in the sovereign powers of states involved in a bi-state commission, and the minutiae of contract and compact law used to create the commission. Waterfront Commission officials, who have pushed back on the states requests for information regarding the agencys operations, including its records, assets and finances arguing that there can be no takeover without New Yorks consent declined comment. Whatever kinds of regulations, of course, that wed have today would have to reflect the kind of new reality of labor and commerce on the ports, which are significantly different from the 1950s, said Peter Catapano, history professor at City Tech, on Dec. 9 during the Brooklyn Waterfront Research Centers breakfast talk webinar, titled What is the New York-New Jersey Waterfront CommissionAnd Do We Still Need It? The three-person panel discussed, in part, the origins of the Waterfront Commission, its legacy, and the debate over whether the Commission should continue. The decision Monday means the high court declined to hear the commissions appeal in a lawsuit arguing that New Jersey could not unilaterally walk away from the federally approved interstate compact that established the agency. The two-member commission with one commissioner from each state oversees licensing and inspections at the Port of New York and New Jersey and has its If not, that would open the door to an ongoing fight should New York go to court to seek an injunction. Resource. VIDEO: Supreme Court justices question Bidens authority on student loan forgiveness, Do Not Sell or Share My Personal Information. 609-292-4791. The questionnaires also seemed on some level to be seeking information of just what the commission does and the day-to-day work of its staff. Protecting the safety of New Yorkers and our vital industries is my top priority, and we cannot afford to lose the Waterfront Commissions unique authority and expertise in combating crime at our port, said New York Governor Kathy Hochul on March 14, 2022, when New York filed legal action in the Supreme Court to block New Jersey from terminating the Waterfront Commission. The U.S. Supreme Court will not intervene in New Jerseys efforts to kill the Waterfront Commission of New York Harbor a bi-state agency created more than 65 years ago to police the regions ports ending for now a years-long legal fight over the policing of the ports of New York and New Jersey. Others, though, say an even higher stakes battle might be at hand. Identification includes the WCPD patch on both sides of the upper garments and a WCPD shield (badge) on the left breast. Justice Samuel Alito questioned her on that point. The State Police has already become a presence in the port areas in New Jersey in advance of the March withdrawal deadline. The two-member commission with one commissioner from each state oversees licensing and inspections at the Port of New York and New Jersey and has its own police force. Granting a motion by New York to stop the state from terminating the nearly 70-year-old compact ratified by Congress that created the Waterfront Commission, the high court in a brief written order also declared that the state could not simply walk away from its responsibilities to fund the commission. Waterfront Commission officials, who have pushed back on the states requests for information regarding the agencys operations, including its records, assets They have been particularly incensed by its involvement in the hiring process for dock workers. For New Jersey, despite Murphys public statements over whether the Waterfront Commission has outlived its time, the issue for the state remained one of a states sovereign power. That sets up a three-month transfer period where some of the duties of the commission are assumed by the state. Ted Sherman | NJ Advance Media for NJ.com. The justices will decide the case in the coming months. The Waterfront Commission was established in the 1950s to fight corruption and crime at the port of New York and New Jersey. Our withdrawal is long overdue, said New The courts decision Monday was not unexpected. Additional motions and responses from the two states are expected to be filed to the Supreme Court through November. 2023 Advance Local Media LLC. The commission was created in 1953 when organized crime had infiltrated the port and was demanding payments from workers and shippers through extortion and The Waterfront Commission is staffed by commission attorneys who are trained in various law enforcement and police investigative techniques. Justice Amy Coney Barrett said it seems very odd that New York wants to keep the commission even though most of the ports business is now conducted on the New Jersey side of the harbor. New Jerseyalso known as the New York-New Jersey Waterfront Commission casewill soon be litigated in the U.S. Supreme Court, with oral arguments The U.S. In 1953, New York and New Jersey agreed to each delegate their own licensing and policing powers to the bistate agency. Wednesday's court appearance came less than a year after New York sued New Jersey over its attempt to exit the commission, a process that began in 2018 when the New Jersey Legislature approved the withdrawal. Marlon Brando in the 1954 motion picture "On the Waterfront." Description. [20][1], The Supreme Court has paused New Jersey's withdrawal from the compact creating the commission until it has addressed the merits of an injunction filed by the State of New York.[21][22]. That case has been winding through courts ever since and the U.S. Supreme Court decision not to hear the case essentially rested on procedural matters about who could sue whom. We are reviewing all options, Hochuls press secretary, Hazel Crampton-Hays, said in a statement. Whether a New York-New Jersey mob-busting law enforcement agency should sleep with the fishes was the subject of arguments Wednesday before the U.S. Supreme Court. On Monday, the chair of the New York Assemblys Committee on Corporations, Authorities and Commissions, Amy Paulin (D-Westchester), sent a letter urging Gov. The next day, when Gov. But the high courts move doesnt end the commission if anything, it may intensify a simmering dispute between New Jersey and New York about the agencys future, adding to other state clashes between the two states over taxes and tolls. New York, though, has yet take New Jersey to court over the states decision to end their partnership. She noted the bistate agreements silence on the matter of whether the states intended for this to continue forever, or that they would jointly agree to leave, but that one couldnt decide Im done and out. . Solicitor General Elizabeth Prelogar chided New York's case in those documents, calling its arguments "internally inconsistent.". Phil Murphy issued a statement applauding Feigenbaum and the attorneys for an "outstanding" job making the state's case. And it keeps going until both states decided to end it, she said. In the legislative findings that accompanied the law, lawmakers said the commission has over-regulated the businesses at the port in an effort to justify its existence. New Jersey officials have also pointed to corruption at the commission itself over a decade ago, though it has since been restructured. Legislators voted to shut down the Waterfront Commission in 2018, charging that it was over-regulating business at the port in an effort to justify its existence, and hurting the states economic interests. The Waterfront Commission sued New Jersey over the law but its case was tossed when a federal appeals court ruled in 2021 that only New York could sue to stop the Garden States withdrawal. The state has been in court for nearly four years seeking to pull out of the commission, after New Jersey legislators voted in 2018 to walk away in the wake of increasing political pressure by the industry and the dockworkers union. By the 1970s, only about 8.4-percent of all exports and imports were coming through New York due to transformations in the global economy and trade. New Jersey obviously thinks it can, New York obviously doesnt think it should be able to. U.S. Supreme Court justices on Wednesday indicated they might rule in favor of New Jersey leaving a bi-state agency with New York created to police ports, stem the influence of organized crime, and vet dockworkers. Chris Christie signed a bill allowing the state to pull out of the compact, charging the state lacks the authority to withdraw unilaterally. Industry officials also maintained that the commission overstated the problem of crime on the docks. The Waterfront Commission filed suit in 2018 shortly after Gov. The 70 In laymans terms, New Jersey argues that the Waterfront Commission hinders harbor business and causes labor shortages with a lengthy hiring process. While New Jersey has sought to unilaterally withdraw from the decades-old bi-state agreement and, in turn, the commission of New York Harbor due to outdatedness, New York argues the exit would be in violation of the Compacts Clause of the Constitution. Gov. Some of Vale's arguments hinged on the idea that the creation of the Waterfront Commission was much like the inception of the Port Authority of New York and New Jersey. As New York admits, there is nothing in the plain text of the compact that expressly limits New Jerseys withdrawal, Feigenbaum said. The closely watched case could carry broad implications, not just in the control of the sprawling waterfront that stretches from Brooklyn to Elizabeth, but in the possible impact on other agencies established through similar compacts between states, say some legal experts. Phil Murphy wants to use the State Police take up the responsibilities of the commission, including the vetting and licensing of dockworkers. The Waterfront Commission sued to save itself and, after years tied up in court, the case was turned away in 2021 on issues of standing. Vale made a last attempt during her rebuttal to convince the justices of the commission's essential role in the region, saying that as recently as 2006 the compact governing the commission was amended by both states to strengthen the organization's work and therefore the two states should work together to determine the commission's future. The Division of Licensing and Employment Information Centers is responsible for screening, registering, and licensing individuals who are interested in working at the dock. Those supporters also showered state lawmakers with political contributions over the years. Now, in the era of container shipping, about 80 percent of cargo goes through New Jersey. Its staff of 75 includes police officers, auditors, investigators, and lawyers. Community Rules apply to all content you upload or otherwise submit to this site. The Waterfront Commission of New York Harbor was created to address of racketeering and unfair hiring practices at the jointly-run Port of New York and New Chief Justice John Roberts disagreed, at one point saying it's "hard to unscramble the eggs" of the Port Authority but it's not so "disruptive" to dissolve a much smaller organization such as the Waterfront Commission, whose work is limited to performing background checks and investigations into suspected criminal port activity. Murphy, following the oral arguments, said he was optimistic that New Jersey would prevail in the case and will finally be allowed to reclaim authority over its ports with a regulatory structure more suited for the 21st century.. Follow the AP's coverage of the U.S. Supreme Court at https://apnews.com/hub/us-supreme-court. Chris Christie signed the bill in his final week in office, though once vetoing it as unconstitutional, and the commission fought the states action through the federal courts. All rights reserved (About Us). New Jersey politicians say the commission has outlived its usefulness, and in 2018 then-Gov. Chris Christie signed the bill into law in his final week in office. Whether New Jersey police are equipped to handle the job could become a new flashpoint. The Waterfront Commission declined to comment. The The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. 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Upon assuming the position, current Governor Phil Murphywho previously promised members of the International Longshoremens Association that he would, as he declared in his campaign speech before the 2017 election, figure out the damn Waterfront Commission once and for allwas faced with a lawsuit on his first day of office. That led Gov. "I am optimistic that New Jersey will prevail in this case and will finally be allowed to reclaim authority over its ports with a regulatory structure more suited for the 21stcentury," Murphy's statement said. I guess what Im trying to push back on is that, if the reason they were silent was not because they thought this was in an agreement for all times, but because they were worried about signaling to the mob bosses that they would be leaving, Jackson said. New York argued that when the compact was written, the states intended to prohibit unilateral termination, not allow it.. Some bi-state agencies outlive their usefulness, and this is one of them, Murphy said. Last week, New Jersey announced it would pull the states representative from the commission of New York Harbor by the end of the month, essentially leaving the agency unable to continue operating lawfully. The Waterfront Commission of New York Harbor was created to address racketeering and unfair hiring practices at the jointly run Port of New York and New Jersey. The U.S. Supreme Court ordered an abrupt halt Thursday to New Jerseys planned exit from a bi-state watchdog agency that regulates the ports and piers of New York Harbor, just four days before the state was ready to call it quits. The commission which includes one member from each state appointed by its governor has jurisdiction over all the regions piers and terminals, including the ports in Newark, Elizabeth, Bayonne, Staten Island and Brooklyn. Some academics and other states have expressed concern in their submitted amicus curiae briefs over whether a Supreme Court ruling could affect other interstate compacts. Other justices on the court focused on whether the 70-year-old agreement that created the bi-state agency to fight corruption and mob influence on the regions docks had ever been intended to be permanent. January 18, 2023. The 3rd Circuit Court of Appeals decision, which now stands, found that the commission doesnt have standing to sue New Jersey. YouTubes privacy policy is available here and YouTubes terms of service is available here. And on Friday, the shipping industry said it would no longer pay millions in annual charges to the commission, pointing to the states position that it would not be able to operate legally without a quorum. Paulins letter to Hochul seems to question the polices readiness by noting the commissions decades of institutional knowledge that cannot be replaced by another agency.. Kathy Hochul to sue New Jersey. Even if the commission cant sue to save itself, the state of New York could sue New Jersey and cases between states can land back at the Supreme Court. But its enforcement efforts in recent years led to mounting political pressure in Trenton, with the New York Shipping Association and International Longshoremens Association arguing that the commission had long overstepped its authority. Since then, however, New Jerseys efforts to leave have been the focus of a series of a legal fights initially launched by the commission itself, and then by New York Gov. All rights reserved. Gov. The Waterfront Commission declined comment on Monday. It also argues that the industry today is not what it was in the 1950s and that this particular type of regulator (the compact) is not warranted. Citizen Inquiries-. For unlimited access to her work covering the regions transportation systems and how they affect your commute,please subscribe or activate your digital account today. New Jersey attempted to withdraw from the pact in 2018.[1]. Gov. In separate letters sent to the U.S. Department of Justice this summer and obtained by POLITICO, the FBI, Department of Labor and U.S. Attorney for the Southern District of New York also all argued the Waterfront Commissions role remains vital. Follow him on Twitter @TedShermanSL. Justice Sonia Sotomayor, a Bronx native, told Vale her argument "doesn't make any sense" and that "once you said the compact did not intend this to be perpetual, I think you ended the game.". In 1950, the U.S. Senate Special Committee to Investigate Crime in Interstate Commerce was created to investigate crime, particularly in the shipping industry, as Senate hearings became increasingly covered by newspapers as well as shown in local theaters to the public. WASHINGTON -- The Supreme Court seemed ready Wednesday to allow New Jersey to withdraw from a commission the state created decades ago with New York to combat the mob's influence at their joint port. Isnt it a kind of weird thing to think that any state gives up its sovereignty forever?. The language of the compact creating the commission does not specifically address whether either state can decide on its own to withdraw. Waterfront Commission of New York Harbor (WCNYH) News. All rights reserved (About Us). To put the workforce into context, about 40,000 to 50,000 workers were showing up at the docks in 1953 and about 8,000 registered workers were showing up by 1980, according to Catapano.
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