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Supreme Court justices pour water on NY’s push to save mob-busting seaport watchdog
By
Clayton Guse
Published Mar 1, 2023
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By
Clayton Guse
Published Mar 1, 2023
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A majority of the U.S. Supreme Court justices on Wednesday appeared to support New Jersey’s plan to shut down the mob-busting Waterfront Commission — despite New York’s efforts to keep the bistate agency intact.
The commission, which was formed in 1953, certifies workers and investigates organized crime at both states' sprawling seaports. New Jersey Gov. Phil Murphy wants to turn the work over to his state’s police force, which prompted New York to file a lawsuit last year that argued the move would be illegal without agreement from both states.
The 70-year-old deal between New York and New Jersey, which was approved by Congress, doesn’t include language about how either state could shut down the commission. But Justice Sonia Sotomayor, a Bronx native, said one state can’t keep the other “on the hook forever.”
“It’s very clear that they [the commission’s founders] didn’t intend this to be perpetual,” Sotomayor said.
Chief Justice John Roberts suggested that shifts in business at the port over the decades harm New York’s case. When the Waterfront Commission was formed, roughly 70% of the commercial shipping business in New York Harbor was at ports on the New York side. Now, more than 80% of the business is on New Jersey’s side.
“What it's doing then is giving New York considerable authority over what is just New Jersey business," said Roberts.
Justice Ketanji Brown Jackson, the court's newest member, said "everybody knew that this [the Waterfront Commission] was going to be temporary, just until we got a hold of this corruption problem."
Corruption persists at the seaports, which remain a major haven for organized crime and La Cosa Nostra, according to regular reports from the Waterfront Commission. The agency in December rejected a rogues’ gallery of people applying for jobs at the port because they had ties to the Lucchese, Colombo, Gambino and Genovese families.
“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 21st century,” Murphy said in a statement.
Gov. Kathy Hochul’s office declined to comment.
While the justices deliberate on its fate, the Waterfront Commission is still scheduling meetings, the next of which is on March 15.
A ruling is expected before the court’s term ends in June.
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Clayton Guse
Clayton is the editor of the Transit and Infrastructure desk. Got a tip? Email [email protected].
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