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Supreme Begins New Term With Labor Arbitration Case Today, Environment, Fourth Amendment Down the Road

Aired October 2, 2000 - 9:04 a.m. ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

BILL HEMMER, CNN ANCHOR: It is October 2, the first Monday in this month. That marks the beginning now for the new term for the U.S. Supreme Court.

CNN senior Washington correspondent Charles Bierbauer live now from the Supreme Court with more on the new term.

Charles, good morning to you.

CHARLES BIERBAUER, CNN SENIOR WASHINGTON CORRESPONDENT: Good morning, Bill.

The term starts off today with a labor arbitration case which raises an important point: Does mandatory arbitration in a labor contract, this one involving the United Mine Workers and a West Virginia coal company, override public safety if in this case where the coal company was ordered to put a truck driver, who had tested positive for marijuana use several times, back behind the wheel?

That's where the court starts. Some big cases coming up down the road, about half of the 80 cases already on the docket. One involves the Environmental Protection Agency -- excuse me -- and the degree of authority the EPA has for setting limits on ozone and particulate matter: things in the air, things we breathe here on the streets here in Washington.

The question will be raised as to whether Congress over-delegated the authority to the EPA to set those limits and whether, from the business perspective, the EPA should consider the cost and the benefits involved in meeting environmental standards.

A number of cases raised the Fourth Amendment question of unreasonable searches. One of those coming out of Indianapolis address the question of whether police roadblocks, stopping hundreds of people at a time, using drug-sniffing dogs to search for drugs, is an unreasonable search. And there are several other cases along that line that the court will be hearing.

Let me just mention one other area: disabilities. The court in past years has been hearing a number of cases addressing the limits of the Americans with Disabilities Act. One that will get a lot of attention involves professional golfer Casey Martin, who has a debilitating illness in his leg, which limits his ability to walk. He has sued and won permission to ride a golf cart in those PGA Tour events. The PGA Tour says that's not a level playing field against the other pros. The court will have to decide that and a couple of other disability cases as they proceed through this term -- Bill.

HEMMER: Charles, on a related matter, it is an election year, and the Supreme Court and the future for the makeup of that court has been called into question by different sides. What is the clear gauge we have over the next presidential term, four years, for how many justices would have to be replaced? Do we have a good read on that?

BIERBAUER: We do not have a good read on that, and anyone who tells you they do, Bill, is simply speculating. You know, the justices serve unlimited terms. And, yes, it's true Justice John Paul Stevens is 80, the chief justice is in his 70s, as is Sandra Day O'Connor. But not a single justice has given any indication of being ready to retire. They're all set for a full term on the bench this year, and that, of course, takes us through next summer.

We anticipate, simply actuarial figures say, when you get older you're going to retire at some point. But there is no indication. But it is also the reason why both Republicans and Democrats say this is an important election in terms of who will get to choose the next Supreme Court justices when they're ready to retire -- Bill.

HEMMER: All right, Charles Bierbauer in Washington. Thank you, Charles.

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