Supreme Court With Vacancy Could Split 4-4 on Endangered Frog
- First argument of term centers on Endangered Species Act
- Court operating shorthanded as Kavanaugh nomination lingers
Gopher frog at the Audubon Zoo in New Orleans.
Photographer: Gerald Herbert/AP PhotoThis article is for subscribers only.
The Supreme Court opened its new term Monday with a case over an endangered frog and a reminder about the impact Brett Kavanaugh could have if he wins confirmation to the court.
The justices appeared split, possibly 4-4, over the federal designation of privately owned land in Louisiana as critical habitat for the dusky gopher frog. The owners of the land, including the forest-products company Weyerhaeuser Co., say the designation is improper because the animal doesn’t live on the property and couldn’t do so without modifications to the land.