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South Carolina Maritime Services, Inc. asked D for permission to berth a cruise ship. The passengers would be permitted to participate in gambling activities while on board. D repeatedly denied Maritime Services' requests because it had an established policy of denying berths in the Port of Charleston to vessels whose primary purpose was gambling. Maritime Services filed a complaint with P contending that D's refusal violated the Shipping Act. The complaint was referred to an administrative law judge and D filed a motion to dismiss, asserting that D was an arm of the State of South Carolina, was 'entitled to Eleventh Amendment immunity' from Maritime Services' suit. The ALJ agreed. While Maritime Services did not appeal but P on its own motion decided to review the ALJ's ruling to consider whether state sovereign immunity from private suits extends to proceedings before P. D filed a petition for review, and the Court of Appeals reversed. P appealed.

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