Alabama v. North Carolina — Kennedy, J., Concurring

Summary

Justice Kennedy, joined by Justice Sotomayor, concurs in part and in the judgment. He accepts that compacts are federal statutes but emphasizes their status as agreements interpretable under contract principles. Agrees with the majority that North Carolina retains the sovereign right to withdraw, and joins the opinion except Part II-E. Justice Breyer dissents in part arguing a breach occurred before withdrawal; Justice Roberts dissents in part on sovereign immunity grounds.