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WEDNESDAY, MAY 29, 2002

The Supreme Court on Tuesday ruled that states cannot be forced to answer to federal agency judicial proceedings unless they wave sovereign immunity.

The 5-4 decision upheld a 4th Circuit Court of Appeals ruling in favor of the state of South Carolina. The state was brought before the Federal Maritime Commission by a private company for alleged violations of federal law.

The state was keeping a casino ship at its port in Charleston.

Writing for the majority, Justice Clarence Thomas said administrative proceedings were like lawsuits in any other court. He was joined by Chief Justice William H. Rehnquist and Justices Sandra Day O'Connor, Antonin Scalia and Anthony M. Kennedy.

Justice John Paul Stevens authored a dissent Justice Steven G. Breyer wrote another, which was joined by Justices Stevens, David H. Souter and Ruth Bader Ginsburg.

Get the Story:
Court Backs States in Case Testing Reach of U.S. Agencies (The Washington Post 5/29)
Court rejects fine for gambling ship (The Washington Times 5/29)
Justices Expand States' Immunity in Federalism Case (The New York Times 5/29)
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Get the Case Federal Maritime Commission v. South Carolina Ports Authority No. 01-46:
Syllabus | Opinion | Dissent [Stevens] | Dissent [Breyer]