Galette v. New Jersey Transit
No. 24-1021 · October Term 2025 · Federalism · decided March 4, 2026
Decided: Galette won 9-0. The model was right.
Expected vote 5–4 for Galette. Chance of a unanimous ruling 38%. FantasySCOTUS crowd: 51% Galette.
The case
Cedric Galette is suing the New Jersey Transit Corporation (NJ Transit) for injuries he sustained in a traffic accident in Pennsylvania. The Pennsylvania Supreme Court held that NJ Transit is an arm of the State of New Jersey and thus immune from suit under interstate sovereign immunity. The Supreme Court must now decide whether NJ Transit is indeed entitled to interstate sovereign immunity.
- Does the New Jersey Transit Corporation qualify as an 'arm of the state' for the purposes of interstate sovereign immunity?
- What factors determine whether a state-created entity is an 'arm of the state' and thus immune from suit in another state's courts?
- How should the Court reconcile conflicting decisions from state supreme courts on the application of interstate sovereign immunity to similar entities?
AI brief written by gemini-2.5-flash from the questions presented and the Oyez facts on 2026-10-02. Commentary only; it is not an input to the model.
Question presented, as filed
Whether the New Jersey Transit Corporation is entitled to interstate sovereign immunity under the Federal Constitution, as held by the highest court of Pennsylvania in square conflict with the highest court of New York.
Facts of the case (Oyez)
In August 2018, Cedric Galette was a passenger in a vehicle stopped on Market Street in Philadelphia when it was struck by a vehicle operated by the New Jersey Transit Corporation (NJ Transit). Galette suffered physical injuries as a result of the collision and brought a negligence lawsuit in Pennsylvania state court against both the vehicle’s driver, Julie McCrey, and NJ Transit. NJ Transit responded by asserting that it was an arm of the State of New Jersey, and therefore immune from private suit in Pennsylvania under the doctrine of interstate sovereign immunity. The trial court denied NJ Transit’s motion to dismiss, and the Pennsylvania Superior Court affirmed, holding that NJ Transit is not an arm of New Jersey. The Supreme Court of Pennsylvania reversed, holding that NJ Transit qualifies as an arm of the state and is therefore immune under the doctrine of interstate sovereign immunity.
The nine
Each justice's predicted vote and the record behind it: how often they have voted for the petitioner overall, in Federalism cases, and when the lower court ruled conservative; and, once argued, how many questions they put to each side (the side a justice questions more tends to lose their vote). The note under each row is the AI brief's reading, commentary rather than model input.
| Justice | Predicted | Overall | This issue | Lower court conservative | At argument | Voted |
|---|---|---|---|---|---|---|
John G. Roberts Republican appointee · since OT2005 Chief Justice Roberts generally favors a robust view of state sovereignty, but he has also shown a pragmatic streak in cases involving interstate commerce and the practical implications of immunity. His vote may hinge on the specific financial and operational ties between NJ Transit and the State of New Jersey. | 50% Galette | 68% for the petitioner · 1,512 votes | 67% Federalism · 60 votes | 61% lower court conservative · 734 votes | 0 / 15 questions at Galette / New | Galette ✗ |
Clarence Thomas Republican appointee · since OT1991 Justice Thomas is a strong proponent of state sovereign immunity, often advocating for a broad interpretation rooted in originalism. He will likely scrutinize the historical understanding of state immunity and the nature of entities considered arms of the state. | 56% Galette | 59% for the petitioner · 2,801 votes | 63% Federalism · 139 votes | 43% lower court conservative · 1,365 votes | 0 / 10 questions at Galette / New | Galette ✓ |
Samuel A. Alito Republican appointee · since OT2005 Justice Alito typically supports a strong view of state sovereignty and immunity. His analysis will likely focus on the extent to which NJ Transit functions as an integral part of the state government rather than a distinct commercial enterprise. | 50% Galette | 62% for the petitioner · 1,469 votes | 58% Federalism · 57 votes | 48% lower court conservative · 722 votes | 0 / 9 questions at Galette / New | Galette ✗ |
Sonia Sotomayor Democratic appointee · since OT2009 Justice Sotomayor often takes a more skeptical view of expansive claims of sovereign immunity, particularly when they limit access to courts for individuals. She will likely examine the practical impact of granting immunity on individuals seeking redress and the degree of state control over NJ Transit's day-to-day operations. | 56% Galette | 61% for the petitioner · 1,192 votes | 70% Federalism · 46 votes | 76% lower court conservative · 594 votes | 0 / 12 questions at Galette / New | Galette ✓ |
Elena Kagan Democratic appointee · since OT2010 Justice Kagan generally approaches sovereign immunity with a focus on textualism and the historical context of the Eleventh Amendment, often favoring a narrower application than some of her colleagues. She may consider the functional characteristics of NJ Transit and whether it truly operates as an alter ego of the state. | 64% Galette | 63% for the petitioner · 1,072 votes | 62% Federalism · 39 votes | 75% lower court conservative · 543 votes | 0 / 7 questions at Galette / New | Galette ✓ |
Neil M. Gorsuch Republican appointee · since OT2016 Justice Gorsuch is a firm advocate for state sovereignty and has often sided with states in immunity cases, emphasizing the structural balance of federalism. He will likely consider the historical understanding of sovereign immunity and the degree of state control and funding for NJ Transit. | 59% Galette | 65% for the petitioner · 592 votes | 68% Federalism · 19 votes | 59% lower court conservative · 286 votes | 0 / 19 questions at Galette / New | Galette ✓ |
Brett M. Kavanaugh Republican appointee · since OT2018 Justice Kavanaugh generally supports state sovereign immunity, often emphasizing the importance of federalism and the dignity of states. He will likely look at the financial and administrative relationship between NJ Transit and the State of New Jersey to determine its status. | 64% Galette | 69% for the petitioner · 498 votes | 78% Federalism · 18 votes | 62% lower court conservative · 244 votes | 0 / 26 questions at Galette / New | Galette ✓ |
Amy Coney Barrett Republican appointee · since OT2020 Justice Barrett generally aligns with a textualist and originalist approach to constitutional interpretation, often supporting a strong view of state sovereignty. Her decision will likely depend on a close examination of the legal and financial ties between NJ Transit and the State of New Jersey. | 61% New Jersey Transit | 66% for the petitioner · 360 votes | 56% Federalism · 9 votes | 60% lower court conservative · 178 votes | 0 / 3 questions at Galette / New | Galette ✗ |
Ketanji Brown Jackson Democratic appointee · since OT2022 Justice Jackson often considers the practical implications of legal doctrines and has shown an interest in ensuring access to justice. She will likely scrutinize the functional independence of NJ Transit and the potential impact of immunity on individuals seeking to hold it accountable. | 66% Galette | 59% for the petitioner · 244 votes | 80% Federalism · 5 votes | 80% lower court conservative · 127 votes | 0 / 26 questions at Galette / New | Galette ✓ |
Rates are each justice's own participation record in the Supreme Court Database, the same history the model trains on; a rate on fewer than five votes is not shown. The predicted vote is VotePredictor SCOTUS' per-justice probability from the served model, which also reads the bench-wide transcript signal and how long each side held the podium.
Every call this term, justice by justice · how the model is built and its record. Data as of 2026-10-02.