Attorney(s) appearing for the Case
Phillip Christopher Hughey argued the cause for petitioner. With him on the briefs were David R. Miles, Amy Wright Larson, and Carol J. Neustadt.
Deputy Solicitor General Clement argued the cause for the United States, respondent under this Court's Rule 12.6, urging reversal. On the briefs were Solicitor General Olson, Assistant Attorney General McCallum, Deputy Solicitor General Wallace, Malcolm L. Stewart, Mark B. Stern, and Alisa B. Klein. Warren L. Dean, Jr., argued the cause for respondent South Carolina State Ports Authority. With him on the brief were David Seidman, Jordan B. Cherrick, Elizabeth Herlong Campbell, and Susan Taylor Wall.*
Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, and Kennedy, JJ., joined. Stevens, J., filed a dissenting opinion, p. 770. Breyer, J., filed a dissenting opinion, in which Stevens, Souter, and Ginsburg, JJ., joined, p. 772.
United States Supreme Court.
Justice Thomas, delivered the opinion of the Court.
This case presents the question whether state sovereign immunity precludes petitioner Federal Maritime Commission (FMC or Commission) from adjudicating a private party's complaint that a state-run port has violated the Shipping Act of 1984, 46 U. S. C. App. § 1701 et seq. (1994 ed. and Supp. V). We hold that state sovereign immunity bars such an adjudicative...
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