Supreme Court Ends Term with Two 6-3 Splits Along Familiar Lines Reason.com

he Supreme Court issued its final two decisions in argued cases for the October 2020 term. Both decisions produced 6-3 splits along ideological lines, as most observers expected.

First up was Brnovich v. Democratic National Committee concerning Section 2 of the Voting Rights Act. Justice Alito wrote for the Court’s conservatives, concluding that Arizona’s laws prohibiting ballot harvesting and limiting out-of-precinct voting did not violate the VRA and that these provisions were not enacted with a discriminatory purpose. The implication of this decision is that Section 2 claims against state voting laws must be based upon disparate treatment claims, and the evidence of disparate impact on minority groups is insufficient. Justice Gorsuch wrote a brief concurrence joined by Justice Thomas. Justice Kagan dissented on behalf of the Court’s liberals.

The final opinion of the term came in Americans for Prosperity v. Bonta. Chief Justice Roberts wrote for the Court, concluding that California’s donor disclosure requirement is facially invalid because it burdens donors’ First Amendment rights and is not narrowly tailored to an important government interest. This case also produced a 6-3 split along ideological lines, but the majority splintered on some issues.

via reason.com