Intro by Colin Connor, Plews Shadley Racher & Braun LLP
The Supreme Court of the United States began its new term with eight justices on October 1, as Brett Kavanaugh’s confirmation was still up in the air at the time. The first case the justices heard involved a dispute between private property rights and the U.S. Fish and Wildlife Service’s efforts to protect the dusky gopher frog. Should the liberal and conservative justices evenly split on this case the lower court’s ruling in favor of the government would be upheld. For more discussion of this case and the effect that an eight-justice court could have, please read this Wall Street Journal article.
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