Nexsen Pruet Attorney represents client in vital Federalism case--United States Supreme Court Victory

Washington, DC - NEXSEN PRUET attorney Susan Taylor Wall represented the South Carolina State Ports Authority on the brief to the United States Supreme Court in a landmark case over where to draw the line between federal and state authority. The justices' 5-4 decision significantly limits the right of individuals to sue states before federal agencies.

The case involved a dispute between the Federal Maritime Commission and the South Carolina State Ports Authority. In 1999, the Port refused to allow the 387-foot Tropic Sea gambling ship to dock in Charleston, citing a state and local ordinance banning gambling ships. The ship's owner filed a complaint with the FMC, and the Maritime Commission intervened on behalf of the ship owners, arguing the Port violated federal law prohibiting discrimination by port operators. The justices' ruling makes clear the Commission had no right to intervene because the Port authority is an arm of the state of South Carolina and therefore immune from suit brought by a private party against its will.

The dissenting justices argue the majority ruling "restricts far too severely the authority of the federal government to regulate innumerable relationships between state and citizen". This case has such wide implications the New York Times ran its story on the front page.

Majority Opinion: Justice Clarence Thomas, Chief Justice William H. Rehnquist, Justice Sandra Day O'Conner, Justice Antonin Scalia & Justice Anthony M. Kennedy.

Dissenting Opinion: Justice Stephen G. Breyer, Justice John Paul Stevens, Justice David H. Souter & Justice Ruth Bader Ginsburg.

NEXSEN PRUET JACOBS & POLLARD, LLC, is one of the Carolinas' premier full-service law firms. With 135 attorneys, NEXSEN PRUET has 6 offices in 2 states.