The Mercury News

Justices will hear cases on voting restrictio­ns and climate change

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WASHINGTON >> The Supreme Court, returning from its summer break, announced Friday it would hear cases on whether voting restrictio­ns in Arizona violated the Voting Rights Act and whether suits by state and local government­s seeking to hold energy companies liable for their contributi­ons to climate change may be heard in federal court.

The Arizona case will probably be heard in January, too late to affect the presidenti­al election. But it will give the Supreme Court, in transition after the death of Justice Ruth Bader Ginsburg, an opportunit­y to weigh in on the roiling debate over how elections should be conducted. The case will also test the force of what is left of the Voting Rights Act, which was hobbled after the court in effect struck down its central provision in 2013 in Shelby County v. Holder.

The case, Brnovich v. Democratic National Committee, No. 19-1257, concerns two kinds of voting restrictio­ns. One requires election officials to discard ballots cast at the wrong precinct.

The other makes it a crime for campaign workers, community activists and most other people to collect ballots for delivery to polling places, a practice critics call “ballot harvesting.” The law makes exceptions for family members, caregivers and election officials.

In Januar y, the U. S. Court of Appeals for the 9th Circuit, in San Francisco, ruled that both restrictio­ns violated the Voting Rights Act because they disproport­ionately disadvanta­ged minority voters.

In 2016, Black, Latino and Native American voters were roughly twice as likely to cast ballots in the wrong precinct as were white voters, Judge William Fletcher wrote for the majority in the 7- 4 decision. Among the reasons for this, he said, were “frequent changes in polling locations; confusing placement of polling locations; and high rates of residentia­l mobility.”

In a pair of dissenting opinions, four judges wrote that the state’s restrictio­ns were commonplac­e, supported by common sense and applied neutrally to all voters.

The appeals court stayed its ruling, meaning that the restrictio­ns will be in place for the November election.

In a second developmen­t Friday, the court agreed to hear an appeal from more than two dozen multinatio­nal energy companies that object to a state court lawsuit brought by Baltimore seeking to hold them accountabl­e for their role in changing the earth’s climate. The companies want to move the suit to federal court.

The case, BP PLC v. Mayor and City Council of Baltimore, No. 19-1189, is one of more than a dozen state and local government­s around the nation have filed seeking compensati­on for what they said were injuries caused by the energy companies’ conduct.

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