Most justices declined the opportunity to ask questions during the one-by-one rounds.
The case, Mississippi v. Tennessee, No. 143, concerned a claim by Mississippi that Tennessee was taking too much water from an aquifer beneath those states and several others.
The justices were skeptical of the argument. “You admit that Tennessee does not enter across the border into Mississippi, isn’t that correct?” Justice Thomas asked John V. Coghlan, a lawyer for Mississippi. “Couldn’t Tennessee make the exact some argument about you?”
Justice Elena Kagan said that “Tennessee is acting entirely within its own borders.”
Justice Barrett expressed skepticism about whether the court should have different rules for water on the earth’s surface and water underneath it.
Some justices asked colorful hypothetical questions. Chief Justice John G. Roberts Jr. wondered whether Tennessee could keep wild horses that had wandered across the state line. Justice Stephen G. Breyer asked about the ownership of fog in San Francisco.
What to Know About the Supreme Court Term
Card 1 of 5A blockbuster term begins. The Supreme Court, now dominated by six Republican appointees, returns to the bench to start a momentous term this fall in which it will consider eliminating the constitutional right to abortion and vastly expanding gun rights.
The big abortion case. The court seems poised to use a challenge to a Mississippi law that bars most abortions after 15 weeks to undermine and perhaps overturn Roe v. Wade, the 1973 decision that established a constitutional right to abortion. The ruling could effectively end legal abortion access for those living in much of the South and Midwest.
A major decision on guns. The court will also consider the constitutionality of a longstanding New York law that imposes strict limits on carrying guns outside the home. The court has not issued a major Second Amendment ruling in more than a decade.
A test for Chief Justice Roberts. The highly charged docket will test the leadership of Chief Justice John G. Roberts Jr., who lost his position at the court’s ideological center with the arrival last fall of Justice Amy Coney Barrett.
A drop in public support. Chief Justice Roberts now leads a court increasingly associated with partisanship. Recent polls show the court is suffering a distinct drop in public support following a spate of unusual late-night summer rulings in politically charged cases.
“Suppose somebody came by in an airplane and took some of that beautiful fog and flew it to Colorado, which has its own beautiful air,” he said. “And somebody took it and flew it to Massachusetts or some other place.”
“Do you understand how I’m suddenly seeing this and I’m totally at sea?” he asked. “It’s that the water runs around. And whose water is it? I don’t know.”
Chief Justice Roberts wondered if it made a difference that the water at issue had to be separated from silt. “If somebody showed you, you know, a handful of silt, they wouldn’t say, oh, that’s water,” he said.