Galette v. New Jersey Transit Corp. · ¶60
Next, NJ Transit argues that New Jersey demonstrated its intent to create NJ Transit as an arm of the State by describing it as serving “public and essential governmental functions,” § 27:25–4(a), and delegating to it “substantial plenary public powers,” such as the power to operate a police force, exercise eminent domain power, and promulgate regulations, Brief for NJ Transit 22. The arm-of-the-State analysis, however, focuses not on whether the entity serves public functions, but rather on whether the State has chosen to serve those public functions through its own apparatus or through that of a legally separate entity. That is why the Court has long recognized that cities and counties are not arms of the State despite serving public functions and exercising police powers. See Lincoln County, 133 U. S., at 530– 531 (municipal corporations); Mt. Healthy, 429 U. S., at 281 (school…Read in context ›
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