John Scalia won't actually join the Greenberg, Traurig firm until sometime next year, according to partner Joe Reeder, who said the job was offered weeks before the election and has no connection to the Florida case.

CNN: Justices Scalia, left and Thomas

The four generally conservative justices, John Roberts, Antonin Scalia, Clarence Thomas and Samuel Alito, are expected to argue either that Massachusetts doesn't have standing or that the EPA can decide for itself whether to regulate carbon dioxide.

FORBES: Supreme Court Takes On Global Warming?

Justices John Paul Stevens, Antonin Scalia, and Anthony Kennedy disagreed.

CNN: The Troxels and some of their grandchildren