Supreme Court Victory for the First State

Acting on the final day of its March argument cycle, the Supreme Court issued only one opinion: New Jersey v. Delaware, from its quaint original jurisdiction docket of cases brought by one state against another. This was a win for Delaware (nicknamed the First State), which sought to block construction of a BP liquefied natural gas terminal on the New Jersey shore that includes a pier extending into Delaware's part of the Delaware River. The decision split the Court 6-2, with Justice Stephen Breyer recused; Breyer owns BP stock. More later at LegalTimes.com on the ruling. Interestingly, the two dissenters, Justices Antonin Scalia and Samuel Alito Jr. are the Court's two New Jersey natives.

In other action, the Court declined the Justice Department's request to review a ruling that favored Rep. William Jefferson (D-La.) in his battle against a 2006 FBI raid on his House office. We previewed the case U.S. V. Rayburn House Office Building here.

The Court also granted review in two First Amendment cases. First is Pleasant Grove City v. Summum, involving efforts by the little-known religious group called Summum to erect monuments bearing its religious principles in public places. Our preview of the case is here. The other case, Ysursa v. Pocatello Education Association, asks whether governments can prevent their employees from making payroll deductions that fund political activities. Both cases will be argued in the fall.