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NEW JERSEY v. NEW YORK

No. 120, Orig.

523 U.S. 767 (1998)

NEW JERSEY v. NEW YORK

United States Supreme Court.

Decided May 26, 1998.

Attorney(s) appearing for the Case

Joseph L. Yannotti, Assistant Attorney General of New Jersey, argued the cause for plaintiff. With him on the briefs were Peter Verniero, Attorney General, and Robert A. Marshall, Patrick DeAlmeida, and Rachel Horowitz, Deputy Attorneys General.

Jeffrey P. Minear argued the cause for the United States as amicus curiae. With him on the brief were Acting Solicitor General Waxman, Assistant Attorney General Schiffer, and Deputy Solicitor General Kneedler.

Daniel Smirlock, Assistant Attorney General of New York, argued the cause for defendant. With him on the briefs were Dennis C. Vacco, Attorney General, Barbara G. Billet, Solicitor General, and Peter H. Schiff, Deputy Solicitor General.*

Souter, J., delivered the opinion of the Court, in which Rehnquist, C. J.,and O'Connor, Kennedy, Ginsburg, andBreyer, JJ.,joined. Breyer, J., filed a concurring opinion, in which Ginsburg, J., joined, p.812. Stevens, J.,filed a dissenting opinion, p. 814. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined, p. 829.

Justice Souter, delivered the opinion of the Court.

An 1834 compact (hereinafter Compact) between the States of New York and New Jersey provided that Ellis Island, then a modest three acres, was part of New York despite its location on New Jersey's side of the States' common boundary. After 1891, when the United States decided to use the Island to receive immigrants, the National Government began placing fill around its shoreline and over the next

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