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Jennifer Berrier, Acting Secretary, Pennsylvania Department of Labor and Industry v. Delaware River Joint Toll Bridge Commission
Paid petition · United States Court of Appeals for the Third Circuit, No. 20-1898 · judgment January 12, 2021
Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for a federal-government petitioner and a Third Circuit decision below, and down for a state or local-government respondent.
Question presented
Under the Compact Clause of the Constitution, the States may contract with each other to cooperatively address issues of mutual concern. U.S. CONST., Art. I, § 10, cl. 3. In 1934, Pennsylvania and New Jersey entered into an interstate compact to construct bridges across the Delaware River and created the Delaware River Joint Toll Bridge Commission. The Third Circuit Court of Appeals held that Pennsylvania relinquished all sovereign authority over that Commission merely by entering into the compact. The question presented is: Do compacting States, simply by creating an interstate compact, relinquish all sovereign authority over that compact entity unless expressly reserved?
Counsel of record
For petitioner
John Bartley DeLone
Attorney General's Office
For respondent
John Carroll Connell
Archer & Greiner
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 04 2021Petition DENIED.
- Aug 04 2021DISTRIBUTED for Conference of 9/27/2021.
- Jul 29 2021Reply of petitioner Secretary Pennsylvania Department of Labor and Industry filed. (Distributed)
- Jul 16 2021Brief of respondent Delaware River Joint Toll Bridge Commission in opposition filed.
- Jun 11 2021Petition for a writ of certiorari filed. (Response due July 19, 2021)