The death of Justice Antonin Scalia sent shockwaves through the conservative movement, and everyone, regardless of their philosophic persuasion, is trying to figure out what the loss of this conservative icon means for the future of the Supreme Court and the Constitution. It is likely, however, that the answer will not come until November.

With the sudden, unexpected passing of Justice Antonin Scalia, the entire political world is in an uproar over the future of the Supreme Court. Democrats, as is to be expected, want president Obama to push through a nominee before he leaves office in January, fearing that a Republican victory in the presidential election will cost them a chance to shift the balance of the Court to the left. Meanwhile, Republicans appear determined to block any nomination this year, hoping that a Republican president in 2017 will be able to fill Scalia’s seat with a similarly-minded Justice. Senate Majority Leader Mitch McConnell has already stated that he does not intend to hold a vote to confirm any Obama nominee.

On October 4th, the Supreme Court began a new term, and with it comes a number of fresh cases for the justices to deliberate on. As the Court has begun to hear the first arguments, though, one case in particular stands out not only because of its potential impact on public-employee unions across the country, but also because of the repercussions it may have for freedom of speech and First Amendment rights.

In a 5-4 decision, the Supreme Court ruled the EPA was unreasonable when it did not consider costs when it decided to regulate mercury emissions from power plants. The Court, in an opinion by Justice Scalia, held that the EPA must consider costs, including compliance costs, when deciding whether a regulation is appropriate and necessary.