Maryland Et Al. v. Louisiana

Background

A federal case involving Columbia Gas Transmission Corp., the State of New Jersey, and other parties produced multiple competing motions. The parties asked the Court to resolve procedural questions, including requests to intervene, motions for judgment on the pleadings, and permission to file certain answers and briefs. Those clustered procedural disputes prompted the Court to give management authority to a neutral official to move the case forward.

Reasoning

The Court appointed John F. Davis, a Washington, D.C. lawyer, as Special Master and gave him authority to set times and conditions for additional pleadings, direct subsequent proceedings, summon witnesses, issue subpoenas, and receive evidence as he deems necessary. The Special Master is to submit reports as appropriate, and several pending motions—including intervention requests, motions for judgment on the pleadings, and an amicus brief request—were referred to him. The Court also said the Special Master’s compensation, assistants’ pay, printing costs, and other proper expenses will be charged to the parties in proportions the Court will later decide.

Real world impact

The order shifts immediate control over many procedural and evidentiary tasks from the Justices to the Special Master, who will oversee fact-gathering and preliminary handling of motions. Parties must work with the Special Master’s schedule and procedures and may be required to pay the Special Master’s expenses. If the Special Master’s post becomes vacant during a Court recess, the Chief Justice may appoint a replacement with the same authority. This order is a procedural step and does not resolve the final merits of the dispute.