# Carson v. Waterfront Commission of New York Harbor, 73 F.3d 24 (3d Cir. 1995)

Canonical: https://mobfiles.org/items/courtlistener-carson-v-waterfront-commission-73-f3d-24/

The Third Circuit rejects a convicted International Longshoremen's Association officer's Supremacy Clause challenge to section 8 of the Waterfront Commission Act, holding the claim barred by De Veau v. Braisted.

Court of Appeals for the Third Circuit, No. 95-5309, argued November 28, 1995, decided December 28, 1995, opinion by Judge Cowen with Judges Mansmann and Seitz. "This case presents a Supremacy Clause challenge to New Jersey's implementation of the Waterfront Commission Act of 1953, an interstate compact between New York and New Jersey aimed at eliminating racketeering and other pernicious activities in the Port of New York District."

Donald Carson, an officer of the International Longshoremen's Association, had been convicted in the District of New Jersey of racketeering conspiracy and extortion conspiracy; the Commission's counsel then advised the ILA that his continued employment would violate section 8. Carson argued that a 1984 amendment to 29 U.S.C. § 504(d) displaced section 8. "Finding that the 1984 amendment effected no change in Carson's rights whatsoever, we hold that his preemption claim is barred by the Supreme Court's decision in De Veau v. Braisted," and the dismissal was affirmed.

Carson may be living; this page states only what the opinion says. The 1960 decision is [De Veau v. Braisted](/items/courtlistener-de-veau-v-braisted-363-us-144/).

## Sources

- CourtListener (Free Law Project), text of the opinion: https://www.courtlistener.com/opinion/710275/donald-carson-v-waterfront-commission-of-new-york-harbor/