Arkansas v. Mississippi

Background

The Court issued an order appointing retired Justice Paul C. Reardon of Boston as a Special Master in a pending case. The order gives him power to set the timing and conditions for additional filings, direct later steps in the case, summon witnesses, issue subpoenas, take and receive evidence, and submit reports to the Court. The order also states that the Special Master’s pay and related expenses will be charged to the parties in proportions the Court will later decide.

Reasoning

Instead of resolving the main dispute, the Court chose to delegate case-management and fact-gathering tasks to the Special Master. The document lists specific authorities granted to him — scheduling filings, overseeing subsequent proceedings, collecting testimony and evidence, and producing reports — and assigns responsibility for costs to the parties. It also provides a practical rule for continuity: if the Special Master’s office becomes vacant while the Court is not sitting, the Chief Justice may designate a replacement with the same powers.

Real world impact

The order changes who will run parts of the case: a neutral Special Master will now gather evidence, call witnesses, and report findings, streamlining fact-finding. Witnesses and people with relevant documents may be compelled to participate. The parties in the case will ultimately bear the Special Master’s expenses as the Court directs. This is a procedural step and does not decide the underlying legal issues of the case.