Virginia v. Maryland — Kennedy, J., dissenting

Summary

Justice Kennedy, joined by Justice Stevens, dissents, arguing Maryland holds clear title to the Potomac River under prior adjudications and grants. He contends the 1785 Compact and 1877 Award grant Virginia only limited riparian access rights, not sovereignty, and that Maryland retains regulatory police power. He would dismiss Virginia's complaint, rejecting the majority's conclusion that Virginia has sovereign, unregulated access.