WASHINGTON (Washington Insider Magazine)- Justice Ketanji Brown Jackson announced last week that she is eager to “get to work” following her investiture at the U.S. Supreme Court.
The public got a taste of that on Monday during oral arguments when the country’s first Black woman justice demonstrated during her first day on the bench that she will not be afraid to add her voice to the conversation.
To an attorney contesting crucial elements of the Clean Water Act, Jackson replied dryly, “Let me try to bring some enlightenment to it.”
Although the statute grants the Environmental Protection Agency the power to control American waterways, there is much debate about how many wetlands should be included.
The court will consider in this case, the first of its new term, the extent of the EPA’s authority over tens of thousands of acres of swampland and marshland. Environmental activists claim that the public’s safety and health are in jeopardy, reported ABC NEWS.
Attorney Damien Schiff argued that the federal government shouldn’t have unrestricted authority to regulate wetlands on Americans’ estate without a direct, physical link to a significant body of water on behalf of an Idaho couple who want to build their dream home on a lot close to Priest Lake.
According to Schiff, there are no waterways on the Sacketts’ land, much less American waters. The marsh on the Sacketts’ property, according to the EPA, has a “significant nexus” to the surrounding lake.
The court will determine where to draw the border in early 2019.
For the first time in two and a half years since the COVID-19 outbreak made it necessary for the proceedings to go virtual, the conflict was addressed for over 2 hours in a courtroom filled with lawyers, clerks, special visitors, and members of the public. While they weren’t needed, Justices Sonia Sotomayor and Elena Kagan also wore masks during the proceedings.
For the first time since Justice Stephen Breyer’s departure, the 9 justices sat in new positions according to seniority. Chief Justice John Roberts is flanked by Justices Samuel Alito and Clarence Thomas, who are seated in the middle. The two newest justices on the court, Amy Coney Barrett and Jackson, sit at either end of the bench.
A steel security barrier that has surrounded the Court since June has been dismantled, but increased security measures were apparent inside the courthouse, including a new rule prohibiting the entry of water.
The Court has chosen to continue live-streaming audio online even though the proceedings were once more made available to the public in person.
As public trust in the court reached a new low, the court ushered in the new term and hailed Justice Jackson.
Although Jackson’s appointment does not affect the court’s ideological composition—three liberals and six conservatives—her presence may alter the court’s dynamics in unexpected ways.