Federal Maritime Commission v. South Carolina State Ports Authority

Summary

The Court, in an opinion by Justice Thomas joined by Chief Justice Rehnquist and Justices O'Connor, Scalia, and Kennedy, affirmed the Fourth Circuit and held that state sovereign immunity bars the Federal Maritime Commission from adjudicating a private party's Shipping Act complaint against a nonconsenting State. The proceedings closely resemble civil litigation, and immunity protects sovereign dignity rather than merely state treasuries. Neither the Commission's inability to enforce its own orders, the requested form of relief, nor the federal interest in uniform maritime regulation changes that conclusion. The Commission remains free to investigate violations and initiate its own enforcement proceedings. Justice Stevens dissented separately, challenging the majority's historical account and reliance on state dignity. Justice Breyer, joined by Justices Stevens, Souter, and Ginsburg, dissented because executive agency adjudication is not private judicial litigation and compulsory enforcement requires federal governmental action; he also warned that the ruling would impair administrative flexibility and enforcement.