Lozman v. City of Riviera Beach, Florida — Sotomayor, J., dissenting

Summary

Justice Sotomayor, with Justice Kennedy joining, dissents. She agrees with the Court that the Eleventh Circuit’s test was overinclusive and that vessel status rests on objective assessment, but she criticizes the majority's "reasonable observer" standard as subjectively glossed and opaque. Finding the record underdeveloped, she would have remanded for factfinding on the craft's capabilities, noting that the majority's approach disrupts settled maritime law and creates uncertainty for maritime industries.