Supreme Court of the United States

Federal Maritime Commission v. South Carolina State Ports Authority — Breyer, J., Dissenting

May 28, 2002535 U.S. 743

Summary

Justice Breyer dissents, arguing the Court's sovereign immunity ruling lacks textual, historical, or purposive support, and that federal agency adjudication against states does not offend state dignity or the Eleventh Amendment. Justice Stevens, dissenting, adds that Alden is true neither to history nor to the structure of the Constitution.