During arguments at the high court both liberal and conservative justices suggested that the Garden State doesn't need New York's consent to withdraw from the Waterfront Commission of New York Harbor. The commission was created in 1953 when organized crime had infiltrated the port and was demanding payments from workers and shippers through extortion and violence.
Chief Justice John Roberts at one point during argument said it seemed to him that after 70 years of the Waterfront Commission's operation "it's going to take a long time and hard work to kind of unravel all of this" if New Jersey wants to walk away. Justice Amy Coney Barrett told Vale that it "seems very odd" that New York wants to hang on to the commission when the majority of the port's business goes through its New Jersey side.
The language of the compact creating the commission does not specifically address whether either state can decide on its own to withdraw. But New Jersey argued, among other things, that "mere silence as to withdrawal gives one State no basis to hold another hostage to a compact forever." Some justices also seemed particularly persuaded by New Jersey's assertion that the commission was always intended to be temporary.
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