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Home World New York

Supreme Court Stops New Jersey From Dissolving Watchdog Agency

by Nick Erickson
March 24, 2022
in New York
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Supreme Court Stops New Jersey From Dissolving Watchdog Agency
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The U.S. Supreme Court on Thursday temporarily halted New Jersey’s plans to unilaterally shut down an agency that has overseen busy ports around New York City for nearly 70 years in an effort to stem the influence of organized crime.

The court’s order came in response to a lawsuit filed by New York officials over an attempt by their New Jersey counterparts to overturn the agency, the Waterfront Commission of New York Harbor, which was established in 1953 through a bistate compact. to dissolve, to block.

New Jersey officials argue that the commission — a product of the “On the Waterfront” era, when the mob wielded great control over the local docks and the unions that farm them — has become obsolete. New York officials disagree.

New Jersey Gov. Philip D. Murphy had vowed to remove the state representative from the commission next week, a move that would render the agency unable to operate and end the seven-decade battle over the mob. to keep off the docks.

To avoid the shutdown, New York took the rare legal step of seeking the intervention of the Supreme Court, which has jurisdiction in interstate disputes.

In its ruling, the court upheld New York’s demand for an injunction that would prohibit New Jersey from withdrawing from the commission or suspending funding while the judges consider the case, leaving two states that are usually allies in a unusual deadlock.

New York Governor Kathy Hochul, a Democrat like Mr. Murphy, praising the court order, said in a statement it was “a victory for the safety of New Yorkers and for the health of our economy.” She added that the commission’s work “in fighting crime in the port and protecting vital industries is more important than ever before.”

Murphy expressed disappointment at the ruling but expressed confidence that New Jersey’s decision to close the agency would be justified.

“I will not give up the fight to protect New Jersey’s interests, which are ill-served by a commission that operates without transparency and has long outlived its usefulness,” he said in a statement.

Phoebe S. Sorial, the agency’s general counsel, said, “We are very pleased with the court’s decision.”

New York Harbor’s port system is the busiest on the East Coast, ranking third behind the ports of Los Angeles and Long Beach, California in terms of cargo traffic. More than 90 percent of port activity takes place on the New Jersey side of the port.

The commission was established after public hearings in the early 1950s revealed the pervasive influence of organized crime on ports at the time. It conducts background checks on prospective dockers and has the authority to decide how many can be hired and when. In more recent years, it has also used its power to demand that waterside unions diversify their ranks, which have traditionally been dominated by white men.

The fight against corruption remains an important point of attention. Several years ago, the commission investigated and assisted in the prosecution of union officials, store clerks and foremen over a conspiracy to extort their own union members on behalf of the Genovese crime family.

Nevertheless, the commission’s critics argue that it is outdated because mafia control of the docks ended a long time ago and that the agency is stifling economic growth by making hiring too difficult.

In addition to New Jersey officials, critics include the International Longshoremen’s Association, which represents most of the workers in the ports, and the New York Shipping Association, whose members operate the terminals where huge cargo ships are unloaded.

Sympathetic to the complaints, Chris Christie, Mr. Murphy’s Republican predecessor, signed legislation intended to dissolve the committee in one of his last acts as governor. After Mr. Murphy took office, the committee took him to federal court, arguing that New Jersey could not unilaterally rescind an agreement between the two states that Congress had blessed.

The agency won that legal round, but lost when New Jersey appealed the decision to the U.S. Court of Appeals for the Third Circuit. At that time, the committee itself asked the Supreme Court to consider the matter, which it refused last year.

That prompted Mr. Murphy to announce his plans to effectively dissolve the bureau by withdrawing New Jersey’s sole commissioner on March 28 and ordering the state police to take over the duties of the bureau. The shipping association, which pays fees that make up most of the agency’s budget, said it would stop doing so at the same time.

New York responded with its latest legal maneuver.

The last high-profile confusion between the two states occurred 30 years ago when New Jersey sued New York over ownership of Ellis Island near the Statue of Liberty.

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