746
Syllabus
Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, and Kennedy, JJ., joined. Stevens, J., filed a dissenting opinion, post, p. 770. Breyer, J., filed a dissenting opinion, in which Stevens, Souter, and Ginsburg, JJ., joined, post, p. 772.
Phillip Christopher Hughey argued the cause for petitioner. With him on the briefs were David R. Miles, Amy Wright Larson, and Carol J. Neustadt.
Deputy Solicitor General Clement argued the cause for the United States, respondent under this Court's Rule 12.6, urging reversal. On the briefs were Solicitor General Olson, Assistant Attorney General McCallum, Deputy Solicitor General Wallace, Malcolm L. Stewart, Mark B. Stern, and Alisa B. Klein. Warren L. Dean, Jr., argued the cause for respondent South Carolina State Ports Authority. With him on the brief were David Seidman, Jordan B. Cherrick, Elizabeth Herlong Campbell, and Susan Taylor Wall.*
*Briefs of amici curiae urging reversal were filed for the American Federation of Labor and Congress of Industrial Organizations by Jonathan P. Hiatt, Laurence Gold, and David L. Shapiro; for the National Association of Waterfront Employers by Charles T. Carroll, Jr., and Carl Larsen Taylor; for the United States Maritime Alliance Limited et al. by C. Peter Lambos and Donato Caruso; and for Senator Edward M. Kennedy et al. by Lloyd N. Cutler, A. Stephen Hut, Jr., and Christopher J. Meade.
Briefs of amici curiae urging affirmance were filed for the State of Maryland et al. by J. Joseph Curran, Jr., Attorney General of Maryland, and Andrew H. Baida, Solicitor General, and by the Attorneys General for their respective jurisdictions as follows: Bill Pryor of Alabama, Bruce M. Botelho of Alaska, Bill Lockyer of California, Ken Salazar of Colorado, Richard Blumenthal of Connecticut, M. Jane Brady of Delaware, Robert A. Butterworth of Florida, Robert H. Kono of Guam, Thurbert E. Baker of Georgia, Earl I. Anzai of Hawaii, James E. Ryan of Illinois, Steve Carter of Indiana, Thomas J. Miller of Iowa, Carla J. Stovall of Kansas, Richard P. Ieyoub of Louisiana, G. Steven Rowe of Maine, Mike Moore of Mississippi, Jeremiah W. (Jay) Nixon of Missouri, Don Stenberg of Nebraska, Frankie Sue Del Papa of Nevada, John J. Farmer, Jr., of New Jersey, Roy
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