FEDERAL MARITIME COMMISSION V. SOUTH CAROLINA STATE PORTS AUTHORITY
535 U.S. 743 (2002)
NATURE OF THE CASE: Commission (P) appealed a decision by the Appeals Court that held
that P proceedings against South (D) were barred by state sovereign immunity.
FACTS: South Carolina Maritime Services, Inc. asked D for permission to berth a cruise
ship. The passengers would be permitted to participate in gambling activities while on
board. D repeatedly denied Maritime Services' requests because it had an established policy
of denying berths in the Port of Charleston to vessels whose primary purpose was gambling.
Maritime Services filed a complaint with P contending that D's refusal violated the Shipping
Act. The complaint was referred to an administrative law judge and D filed a motion to
dismiss, asserting that D was an arm of the State of South Carolina, was 'entitled to
Eleventh Amendment immunity' from Maritime Services' suit. The ALJ agreed. While Maritime
Services did not appeal but P on its own motion decided to review the ALJ's ruling to
consider whether state sovereign immunity from private suits extends to proceedings before
P. D filed a petition for review, and the Court of Appeals reversed. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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