Isnt that an extraordinary thing? he asked. Despite having once vetoed the measure as unconstitutional, then-Gov. Only a city with such dense neighborhoods and opinionated residents could possibly give rise to so many hyper-local, active resident groups. Phil Murphy said he is "thrilled" about the brief and is confident this will bolster the Garden State's case that it can withdraw from the bistate commission without consent from New York, according to a statement released Monday. A long-running battle challenging New Jerseys right to walk away from the Waterfront Commission of New York Harbor came under sharp questioning by justices Whether New Jersey police are equipped to handle the job could become a new flashpoint. Community Rules apply to all content you upload or otherwise submit to this site. Roughly $200 billion in cargo moves through the port each year. They have been particularly incensed by its involvement in the hiring process for dock workers. Cargo ships docked in Port Newark.Ted Sherman | NJ Advance Media for NJ.com, A long-running battle challenging New Jerseys right to walk away from the Waterfront Commission of New York Harbor came under sharp questioning by justices on the U.S. Supreme Court on Wednesday, with at least one skeptical justice suggesting that forcing the state to stay would be an extraordinary thing.. Lesniak was jubilant about the Supreme Courts move and predicted a quick end to the Waterfront Commission, in part because he doesnt think New York has lifted much of a finger to fight yet. It argued that New Jersey could not simply decide for itself that it no longer wanted to honor its obligations under a bilateral compact ratified by Congress. The Justice Department filed court documents in August that sided with New Jersey and argued that leaving the commission would allow the state to "exercise its full sovereign authority." The two states created the Waterfront Commission in 1953 to fight crime and regulate employment at the ports. Subscribe at nj.com/supporter. Industry officials also maintained that the commission overstated the problem of crime on the docks. Community Rules apply to all content you upload or otherwise submit to this site. WebCertified Police Officer - Detective. But while the high courts action ends the commissions efforts to stop New Jersey, that may not be the end of the battle. Supporters of that plan including the shipping industry and the union representing port workers said the commission now makes doing things unnecessarily cumbersome and plodding. Please subscribe today to NJ.com. The state plans to withdraw from the commission and turn over its policing role to the New Jersey State Police. We know here that the parties never intended for this to be perpetual, said Justice Sonia Sotomayor. The commission added that the agency has worked to break the cycle of corruption on the waterfront by preventing individuals with mob ties from infiltrating the workforce. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. On this Wikipedia the language links are at the top of the page across from the article title. Isnt it a kind of weird thing to think that any state gives up its sovereignty forever?. The Waterfront Commission which includes one member from each state appointed by its governor has jurisdiction over all the regions piers and 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. 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. The Waterfront Commission was established in 1953 after being passed by both state legislatures of New York and New Jersey and Congress as well as being signed into law by then-President Dwight D. Eisenhower. Following release of the report, the large majority of the commission's executive staff were fired, including the New Jersey Commissioner Michael J. Madonna (the New York Commissioner's seat was vacant at the time of the report's release, although the report faulted the actions of the former New York Commissioner, Michael C. Ted Sherman | NJ Advance Media for NJ.com, unilateral withdrawal from the watchdog agency, has already become a presence in the port areas, pushed back on the states requests for information, ruling that the governor and the state Legislature, cannot simply decide on its own to end a nearly 70-year-old compac, it would no longer pay millions in annual charges. 2023 Advance Local Media LLC. The State Police, tasked with the role of taking over the enforcement role of the Waterfront Commission of New York Harbor on March 28, has asked some of agencys staff if they want to work for them. It is harder for corruption and undue influence to take hold if it has to succeed in two states.. The Southern District said the commission provided invaluable support in investigations of La Cosa Nostra families and racketeering cases involving labor unions. The unraveling of the Waterfront Commission will start now, and its duties will be taken over by the (New Jersey) State Police, he said. New Jersey began the process of withdrawing from the Waterfront Commission in 2018 as some state lawmakers made the case that the commission New Yorkand the Waterfront Commission itselfbelieves that, without the compact, the industry could go backwards to what it once was. Your argument is that they surrendered their sovereign authority perpetually. Marlon Brando in the 1954 motion picture "On the Waterfront." WASHINGTON U.S. Supreme Court justices spent nearly an hour poking holes in the points made by a lawyer representing New York during oral arguments Wednesday in a case spurred by New Jersey's bid to leave the bi-state Waterfront Commission. That fight, if it comes, will almost certainly put more focus on the role of organized crime on the New York and New Jersey waterfront, which was the reason the commission was created in the first place. Additional motions and responses from the two states are expected to be filed to the Supreme Court through November. Ten students, along with Council member Alexa Aviles and Principal Priscilla Figueroa celebrated the completion of the renovation with a ribbon cutting. When New York and New Jersey formed the Waterfront Commission Compact in 1953, they intended to prohibit unilateral termination, argued Vale in her opening statement. Phil Murphy says he wants New Jersey to pull out of a law enforcement agency formed to fight the Mafia at the ports. The New Jersey law takes the money that would have gone to the Waterfront Commission and sets it aside for the State Police to use to regulate the ports. All rights reserved (About Us). Acting Solicitor General Brian H. Fletcher, whose office argues the governments position for the Justice Department in cases before the Supreme Court, acknowledged in his brief last month that New York could still sue New Jersey state officials in federal court over the Waterfront Commission and seek an injunction. It is our responsibility to New Yorkers to stop New Jerseys unlawful actions and preserve the ongoing work of this law enforcement agency., Governor [Phil] Murphy continues to believe that New Jersey should have the right to withdraw from a nearly 70-year-old commission that does not meet todays needs or serve New Jerseys interests, said Bailey Lawrence, a spokesperson for the New Jersey governor, as reported by Law360 on October 24, 2022. He looks forward to the case being argued during the Supreme Courts upcoming term and remains optimistic that New Jersey will prevail.. The Waterfront Commission declined comment on Monday. Austin Raynor, assistant to the solicitor general for the U.S. Department of Justice, took questions from the court about department's defense of New Jersey. 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Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your Privacy Choices and Rights (each updated 1/26/2023). 24/7 coverage of breaking news and live events. 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. By submitting your email to receive this newsletter, you agree to our. Our withdrawal is long overdue, said New The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Vale also argued that because the states entered into the 1953 agreement to form the commission jointly a bi-state organization created to police the ports, stem the influence of organized crime and vet dockworkers the two sides had to agree on when to end it. Chris Christie signed a bill allowing the state to pull out of the compact, charging the state lacks the authority to withdraw unilaterally. Its staff of 75 includes police officers, auditors, investigators, and lawyers. 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. We look forward to an orderly transition from the Commission to the New Jersey State Police.. Vale pushed back, suggesting the commission, which employs about 70 people, makes it harder for corruption and undue influence to succeed.. a lower court ruling that sided with New Jerseys argument. 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. Others, though, say an even higher stakes battle might be at hand. But during Wednesday's arguments, there was little reference made to mafia crime families and whether they would make inroads back to the ports should the Waterfront Commission be dissolved. The commission, which was created by New York and New Jersey in response to the deep-rooted corruption once prevalent on the docks, has jurisdiction over all the regions piers and terminals. If either state were to unilaterally withdraw from that agreement, the consequences would be far reaching. [The states] would understand that when you do a compact, and you dont say anything express about termination, that you are sticking together until you jointly decide to end it, she said in response to questioning by Chief Justice John Roberts. Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your Privacy Choices and Rights (each updated 1/26/2023). Last month, the Office of the Solicitor General in its own brief concluded the commission did not have the authority to file a petition seeking to overturn efforts by the New Jersey Legislature to withdraw from its interstate agreement. In light of the complete transformation of the harbor since the 1950s, the New Jersey Legislature determined that there was no longer a continuing need for bi-state regulation of the overwhelmingly New Jersey-centered port activity, and that New Jersey should resume state regulation of its docks, the state Attorney Generals office wrote. The Waterfront Commission itself was granted permission to file an amicus brief with the court, in support of New Yorks motion to stop New Jersey from killing the agency. Some bi-state agencies outlive their usefulness, and this is one of them, Murphy said. The Waterfront Commission which includes one member from each state appointed by its governor has jurisdiction over all the regions piers and New Jersey obviously thinks it can, New York obviously doesnt think it should be able to. Subscribe at nj.com/supporter. Ted Sherman may be reached at tsherman@njadvancemedia.com. 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. Former New Jersey state Sen. Raymond Lesniak, a Democrat who had been the biggest champion of New Jerseys exit from the bi-state agreement, said the Waterfront Commission isnt needed because it was created to solve a problem that it has largely solved. That sets up a three-month transfer period where some of the duties of the commission are assumed by the state. Chris Christie signed a law withdrawing from the commission and handing over law enforcement operations on the New Jersey side of the port to the New Jersey State Police. Sponsors charged that the agency had over-regulated business at the port to justify its existence, while engaging in enforcement activities they claimed were hurting the states economic interests. Jeremy Feigenbaum, a lawyer for New Jersey, argued before the court that the 1953 agreement to create the commission had no language preventing one state from deciding to leave. That territory includes the ports in Newark, Elizabeth, Bayonne, Staten Island and Brooklyn). New York argued that when the compact was written, the states intended to prohibit unilateral termination, not allow it.. But New Jersey argued, among other things, that "mere silence as to withdrawal gives one State no basis to hold another hostage to a compact forever." The WCNYH has its own police division (a.k.a. Ted Sherman | NJ Advance Media for NJ.com, did not have the authority to file a petition, ruling that the governor and the state Legislature. The justices only ruled on whether it would hear the commissions arguments to strike down the action by the governor and the Legislature in New Jersey. Identification includes the WCPD patch on both sides of the upper garments and a WCPD shield (badge) on the left breast. In arguments before the court, New York Deputy Solicitor General Judith Vale said while there was no expectation that the new commission created to clean up the port would be permanent, she told the justices there was an intention to prohibit unilateral withdrawal by either side. Proponents charged that the agency had over-regulated business in an effort to justify its existence. Chris Christie, a Republican, signed legislation withdrawing his state from the compact. [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]. Six Men Sentenced for Roles in Illegal Loansharking, Check Cashing, Gambling & Money Laundering Schemes Linked to Genovese Crime Family. 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