Tuesday, November 29, 2005

Delaware and New Jersey
Had an argument one night
So they started up a war
To determine who was right
It was my patriotic duty
To fight the enemy...

Tom Hodukovitch, Radio Free Newark

The Supreme Court has agreed to hear a case between Delaware and New Jersey.
The real party in the dispute is an oil company that wants to build a natural gas shipping plant on the Jersey side of the Delaware river. The river belongs to Delaware, which won't issue permits. In the 1970s evironmentalist Republicans in Delaware enacted the costal zone act to protect wetlands from New Jersey-style pollution.
Where I lived if I climbed the highest tree in my yard I could see across the river the river into Jersey. My mom was very active in environmentalist Republican circles and probably knows the people involved in this lawsuit. She worked for years without success to try to create a park along the river somewhere - it's blocked off by highways and railroads and industry, and nearly inaccessible.
The constitution gives the Supreme Court jurisdiction in suits between states, sot he oil company was able to do an end run around the usual appeals process by getting the state of New Jersey to bring the suit.
Alito, like Scalia, is from the Jersey side of the river.
Scalia is not expected to recuse. "I do not think my impartiality could reasonably be questioned", he told Al Franken.

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