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U.S. NEWS Tuesday 4 OcTOber 2022
Supreme Court welcomes the public again, and a new justice

By JESSICA GRESKO and justices appear to agree
MARK SHERMAN with the lawyer for an Ida-
Associated Press ho couple that Kennedy’s
WASHINGTON (AP) — The opinion was vague and
Supreme Court began its unworkable.
new term Monday with a Chief Justice John Roberts
new justice on the bench, was unsatisfied by Justice
the public back in the Department lawyer Brian
courtroom and a spirited Fletcher’s explanation of
debate in a case that pits how to translate Kennedy’s
environmental protections opinion into practice.
against property rights. “What does that mean?”
The new member of the Roberts asked at one point.
court, Justice Ketanji Brown Justices Clarence Thomas,
Jackson, wasted no time Samuel Alito and Neil Gor-
engaging, asking ques- such, who once was a law
tions throughout nearly two clerk to Kennedy, also ap-
hours of arguments in the peared inclined to side In this image provided by the Supreme Court, from left, Associate Justice Amy Coney Barrett,
dispute over the nation’s with Chantell and Michael Associate Justice Sonia Sotomayor, Associate Justice Ketanji Brown Jackson, and Associate
main anti-water pollution Sackett, who have wanted Justice Elena Kagan in the Justices’ Conference Room prior to the formal investiture ceremony for
law, the Clean Water Act. to build a home close to Jackson at the Supreme Court in Washington, Friday, Sept. 30, 2022.
Jackson, the court’s first Priest Lake in Idaho for 16 Associated Press
Black female justice, years and won an earlier before it was formally an- has yet to provide an up- new role since being con-
seemed to be generally round in their legal fight at nounced. Chief Justice date. Jackson, for her firmed in April and sworn in
aligned with the court’s the Supreme Court. John Roberts ordered an part, has been waiting for when Justice Stephen Brey-
other liberal justices in fa- Monday’s arguments were investigation, but the court months to fully begin her er retired in June. q
vor of Justice Department the first time the justices
arguments to preserve the were back hearing cases
authority of the federal since issuing a landmark
government to regulate ruling stripping away wom-
wetlands under the Clean en’s constitutional protec-
Water Act against a busi- tions for abortion. And for
ness-backed challenge. the first time in two and a
If Jackson was eager to half years, since the court
show she was ready to par- closed in March 2020 be-
ticipate, several conserva- cause of the coronavirus
tive justices also provided a pandemic, the public was
quick reminder of the bal- allowed inside the court-
ance of power on a court room, although the court
where they hold a 6-3 ma- is continuing to provide
jority. They asked questions live audio of arguments
that were more skeptical on its website. Because of
of the regulation in a case the pandemic the court
that tests the reach of the is still closed to the public
law beyond rivers, lakes outside of arguments. And
and streams. two justices wore masks in
One issue in the case is how court Monday: Justice So-
far wetlands can be from a nia Sotomayor, who has
larger body of water and diabetes and has worn a
still be subject to regulation. mask in court consistently
Jackson said she wanted during the pandemic, and
to know “why would Con- Justice Elena Kagan, who
gress draw the coverage the court said tested nega-
line between abutting tive for COVID-19 but had
wetlands and neighboring been exposed to someone
wetlands when the objec- with the virus.
tive of the statute is to en- A new stack of high-profile
sure the chemical, physi- cases awaits the justices in
cal, and biological integrity the upcoming term. Sev-
of the nation’s waters?” eral cases the court has
Under an opinion written agreed to hear involve
by retired Justice Anthony race or elections or both,
Kennedy in 2006, regulators and the court has also
can require permits before agreed to hear a dispute
allowing development on that returns the issue of free
properties that don’t abut speech and LGBTQ rights
waterways as long as they to the court.
prove a significant con- Also hanging over the jus-
nection to the waterways. tices is some unfinished
Kennedy, who retired in business from last term: the
2018, was in the courtroom leak of a draft of the abor-
to hear some conservative tion decision seven weeks