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.