Justices Face Call To Refute Logic Underlying Use Of Kennedy CWA Test

A criminal defendant is urging the Supreme Court to reject the logic lower courts have used to apply Justice Anthony Kennedy's “significant nexus” test for Clean Water Act (CWA) jurisdiction, arguing that it would be better to simply give up on finding a binding precedent in such plurality decisions than to factor dissenters' opinions into future rulings. A March 13 reply brief from the petitioner in Hughes v. United States , set for argument at the high court on March...