South Carolina v. North Carolina — Roberts, J., concurring in part and dissenting in part

Summary

Chief Justice Roberts (joined by Thomas, Ginsburg, and Sotomayor) writes separately to disagree with the majority’s grant of intervention to non-sovereign entities (Duke Energy, CRWSP) in an original-action equitable apportionment dispute. He argues the Court’s test in New Jersey v. New York bars such intervention because sovereign States represent all citizens’ water interests, and private intervention would transform original jurisdiction into a forum for private disputes.