Federal Maritime Commission v. South Carolina State Ports Authority

South Carolina Maritime Services (related to defendant's dispute) repeatedly asked the South Carolina State Ports Authority (defendant) for permission to berth a gambling cruise ship at the Port of Charleston, and the Authority denied each request under its policy against berthing vessels whose primary purpose was gambling. Maritime Services filed a complaint with the Federal Maritime Commission (plaintiff, as the agency whose proceeding was at issue) alleging the denials violated the Shipping Act, and the Authority moved to dismiss before the agency's administrative law judge, asserting Eleventh Amendment immunity from the private party's action.