The Riverside Press-Enterprise

Top cases for a new term and new Justice

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WASHINGTON >> The Supreme Court opens its new term Monday, hearing arguments for the first time after a summer break and with new Justice Ketanji Brown Jackson. Already the court has said it will decide cases on a range of major issues including affirmativ­e action, voting rights and the rights of LGBTQ people. The justices will add more cases to their docket in coming months.

A look at some of the cases the court has already agreed to hear. The justices are expected to decide each of the cases before taking a summer break at the end of June:

Affirmativ­e action

In cases from Harvard University and the University of North Carolina, the court could end any considerat­ion of race in college admissions. If this seems familiar, it’s because the high court has been asked repeatedly over the past 20 years to end affirmativ­e action in higher education. In previous cases from Michigan and Texas, the court reaffirmed the validity of considerin­g college applicants’ race among many factors. But this court is more conservati­ve than those were.

Voting rights

The court could further reduce protection­s for minority voters in its third major considerat­ion in 10 years of the landmark Voting Rights Act, which was enacted to combat enduring racial discrimina­tion in voting. The case the justices are hearing involves Alabama, where just one of the state’s seven congressio­nal districts has a Black majority. That’s even though 27% of the state’s residents are Black. A three-judge panel that included two appointees of President Donald Trump agreed that the state should have to create a second district with a Black majority, but the Supreme Court stopped any changes and said it would hear the case. A ruling for the state could wipe away all but the most obvious cases of intentiona­l discrimina­tion on the basis of race.

Elections

Republican­s are asking the justices to embrace a novel legal concept that would limit state courts’ oversight of elections for Congress. North Carolina’s top court threw out the state’s congressio­nal map that gave Republican­s a lopsided advantage in a closely divided state and eventually came up with a map that basically evenly divided the state’s 14 congressio­nal districts between Democrats and Republican­s. The state GOP argues that state courts have no role to play in congressio­nal elections, including redistrict­ing, because the U.S. Constituti­on gives that power to state legislatur­es alone.

Clean water

This is yet another case in which the court is being asked to discard an earlier ruling and loosen the regulation of property under the nation’s chief law to combat water pollution. The case involves an Idaho couple who won an earlier high court round in their bid to build a house on property near a lake without getting a permit under the Clean Water Act. The outcome could change the rules for millions of acres of property that contain wetlands.

Immigratio­n

The Biden administra­tion is back at the Supreme Court to argue for a change in immigratio­n policy from the Trump administra­tion. It’s is appealing a ruling against a Biden policy prioritizi­ng deportatio­n of people in the country illegally who pose the greatest public safety risk.

Last term, the justices by a 5-4 vote paved the way for the administra­tion to end the Trump policy that required asylum-seekers to wait in Mexico for their court hearing. In July, also by a 5-4 vote, the high court refused to allow the administra­tion to implement policy guidance for deportatio­ns. A Trump-era policy favored deporting people in the country illegally regardless of criminal history or community ties.

LGBTQ rights

A new clash involving religion, free speech and the rights of LGBTQ people will also be before the justices.

The case involves Colorado graphic and website designer Lorie Smith who wants to expand her business and offer wedding website services. She says her Christian beliefs would lead her to decline any request from a same-sex couple to design a wedding website, however, and that puts her in conflict with a Colorado anti-discrimina­tion law.

The case is a new chance for the justices to confront issues the court skirted five years ago.

Native adoptions

In November, the court will review a federal law that gives Native Americans preference in adoptions of Native children. The case presents the most significan­t legal challenges to the Indian Child Welfare Act since its 1978 passage.

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