Supreme Court of the United States
New Jersey v. Delaware — Scalia, J., dissenting
March 31, 2008128 S. Ct. 1410
Summary
Justice Scalia, with Justice Alito joining, dissents from the Court’s decision, arguing the 1905 Compact grants New Jersey exclusive riparian jurisdiction on its side of the Delaware River and the Court’s new 'extraordinary character' test for wharfing lacks foundation in the Compact or prior law. Justice Stevens, concurring in part and dissenting in part, agrees Delaware has overlapping police power authority over structures extending into its territory.