New justice joins court

FILE - The U.S. Supreme Court is seen, March 18, 2022 in Washington. The Supreme Court opens its new term on Monday, Oct. 3. (AP Photo/Jose Luis Magana, File)
FILE - The U.S. Supreme Court is seen, March 18, 2022 in Washington. The Supreme Court opens its new term on Monday, Oct. 3. (AP Photo/Jose Luis Magana, File)

WASHINGTON (AP) -- The Supreme Court began its new term Monday with a new justice on the bench, the public back in the courtroom and a spirited debate in a case that pits environmental protections against property rights.

The new member of the court, Justice Ketanji Brown Jackson, wasted no time engaging, asking questions throughout nearly two hours of arguments in the dispute over the nation's main anti-water pollution law, the Clean Water Act.

Jackson, the court's first Black female justice, seemed to be generally aligned with the court's other liberal justices in favor of Justice Department arguments to preserve the authority of the federal government to regulate wetlands under the Clean Water Act against a business-backed challenge.

If Jackson was eager to show she was ready to participate, several conservative justices also provided a quick reminder of the balance of power on a court where they hold a 6-3 majority.

They asked questions that were more skeptical of the regulation in a case that tests the reach of the law beyond rivers, lakes and streams.

One issue in the case is how far wetlands can be from a larger body of water and still be subject to regulation.

Jackson said she wanted to know "why would Congress draw the coverage line between abutting wetlands and neighboring wetlands when the objective of the statute is to ensure the chemical, physical and biological integrity of the nation's waters?"

Under an opinion written by retired Justice Anthony Kennedy in 2006, regulators can require permits before allowing development on properties that don't abut waterways as long as they prove a significant connection to the waterways.

Kennedy, who retired in 2018, was in the courtroom to hear some conservative justices appear to agree with the lawyer for an Idaho couple that Kennedy's opinion was vague and unworkable.

Chief Justice John Roberts was unsatisfied by Justice Department lawyer Brian Fletcher's explanation of how to translate Kennedy's opinion into practice.

"What does that mean?" Roberts asked at one point.

Justices Clarence Thomas, Samuel Alito and Neil Gorsuch, who once was a law clerk to Kennedy, also appeared inclined to side with Chantell and Michael Sackett, who have wanted to build a home close to Priest Lake in Idaho for 16 years and won an earlier round in their legal fight at the Supreme Court.

Monday's arguments were the first time the justices were back hearing cases since issuing a landmark ruling stripping away women's constitutional protections for abortion. And for the first time since the court closed in March 2020 because of the coronavirus pandemic, the public was allowed inside the courtroom, although the court is continuing to provide live audio of arguments on its website.

The court is still closed to the public outside of arguments. Two justices wore masks in court Monday: Justice Sonia Sotomayor, who has diabetes and has worn a mask in court consistently during the pandemic, and Justice Elena Kagan, who the court said tested negative for COVID-19 but had been exposed to someone with the virus.

photo FILE - The Supreme Court is seen on Capitol Hill in Washington, July 14, 2022. The Supreme Court opens its new term on Monday, Oct. 3. (AP Photo/J. Scott Applewhite, File)
photo In this drawing by court artist Dana Verkouteren, the Supreme Court, joined by new Justice Ketanji Brown Jackson, the court's first Black female justice, hears arguments on the opening day of its new term, in Washington, Monday, Oct. 3, 2022. From left are: Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Samuel Alito, Associate Justice Elena Kagan, Associate Justice Brett Kavanaugh, and Associate Justice Ketanji Brown Jackson. (Dana Verkouteren via AP)
photo People gather as the Supreme Court begins its new term and to hear the first arguments, on Capitol Hill in Washington, Monday, Oct. 3, 2022. Monday's session is also the first time new Justice Ketanji Brown Jackson, the court's first Black female justice, will participate. And it's the first time the public will be able to attend since the court closed in March 2020 because of the coronavirus pandemic. (AP Photo/J. Scott Applewhite)
photo People gather as the Supreme Court begins its new term and to hear the first arguments, on Capitol Hill in Washington, Monday, Oct. 3, 2022. Monday's session is also the first time new Justice Ketanji Brown Jackson, the court's first Black female justice, will participate. And it's the first time the public will be able to attend since the court closed in March 2020 because of the coronavirus pandemic. (AP Photo/J. Scott Applewhite)
photo People gather as the Supreme Court begins its new term and to hear the first arguments, on Capitol Hill in Washington, Monday, Oct. 3, 2022. Monday's session is also the first time new Justice Ketanji Brown Jackson, the court's first Black female justice, will participate. And it's the first time the public will be able to attend since the court closed in March 2020 because of the coronavirus pandemic. (AP Photo/J. Scott Applewhite)
photo In this image provided by the Supreme Court, from left, Associate Justice Amy Coney Barrett, Associate Justice Sonia Sotomayor, Associate Justice Ketanji Brown Jackson, and Associate Justice Elena Kagan in the Justices’ Conference Room prior to the formal investiture ceremony for Jackson at the Supreme Court in Washington, Friday, Sept. 30, 2022. (Fred Schilling/U.S. Supreme Court via AP)

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