Arkansas v. Tennessee

Background

A motion for permission to file a bill of complaint was granted, and the State of Tennessee was given sixty days to file an answer. The opinion does not identify who filed the motion in the text provided. The order focuses on setting up how the case will move forward rather than deciding the underlying dispute.

Reasoning

The Court appointed Gunnar H. Nordbye, a senior federal judge, as Special Master to oversee the next steps. The Master has authority to set times and conditions for additional filings, summon witnesses, issue subpoenas, receive and take evidence, and direct subsequent proceedings. He is instructed to submit reports as he finds appropriate. The Master may be paid his actual expenses, and the Court said those allowances, assistant compensation, printing costs, and other proper expenses will be charged to the parties in proportions the Court will later decide. If the Special Master position becomes vacant during a Court recess, the Chief Justice may designate a replacement with the same authority.

Real world impact

This is a procedural order that organizes how the case will proceed. The Special Master will run evidence-gathering and hearing logistics, which can speed or structure fact-finding. Tennessee must answer within sixty days. The order also makes clear that parties may be required to share the Master’s costs. Because this is a procedural appointment and scheduling order, it does not resolve the core legal claims and could change as the case moves forward.