Supreme Court to review Arizona ‘ballot harvesting’ law

The Supreme Court said Friday it will review a 2016 Arizona law that bars anyone but a family member or caregiver from returning another person’s early ballot. The law itself, however, remains in effect through the presidential election and until the justices rule. The court will begin hearing arguments again next week after a summer break. The Arizona case was one of four cases the court, now eight justices because of the death of Justice Ruth Bader Ginsburg, agreed to hear in its new term that begins Monday. As is usual, the justices did not comment in taking the cases. Because of the coronavirus pandemic, the justices will not be returning to the courtroom to hear arguments but instead will continue hearing arguments by telephone. The court has been closed to the public since March. In the Arizona case, a federal appeals court ruled in January that Arizona’s law banning so-called “ballot harvesting” violates the Voting Rights Act and the Constitution, but the court put its ruling on hold while the Supreme Court was asked to take the case. The appeals court also found that Arizona’s policy of discarding ballots if a voter went to the wrong precinct violates the law. The court said both have a discriminatory impact on minority voters in violation of the Voting Rights Act. The high court in recent years has weakened the Voting Rights Act, throwing out the most powerful part of the landmark law in 2013. It could use the current case to go even further. The case began after Republicans in Arizona passed the law making it a felony to return someone else’s ballot to election officials in most cases and Democrats sued. Both parties had used ballot collection in Arizona to boost turnout during elections by going door to door and asking voters if they have completed their mail-in ballot. Democrats used the method aggressively in minority communities and argued their success prompted the new GOP-sponsored law. Republicans argued the law was aimed at preventing election fraud. Arizona Attorney General Mark Brnovich, a Republican, said in a statement he is pleased the court will hear the case. The justices also said Friday they will review a longstanding effort by the Federal Communications Commission to relax restrictions in individual media markets on ownership of different forms of media — TV stations and newspapers — over fears that it would leave fewer outlets controlled by minorities. The court also will take up cases involving how immigration officials evaluate the claims of asylum seekers and a lawsuit by the city of Baltimore against BP Inc. and other energy companies seeking money for their contribution to climate change, although the issue before the justices is a technical one involving where the case should be heard. The Supreme Court has already filled its argument calendar through December, so none of the cases will be argued before January 2021.

Judges: Trump can’t exclude people from district drawings

Saying the president had exceeded his authority, a panel of three federal judges on Thursday blocked an order from President Donald Trump that tried to exclude people in the country illegally from being counted when congressional districts are redrawn. The federal judges in New York, in granting an injunction, said the presidential order issued in late July was unlawful. The judges prohibited Commerce Secretary Wilbur Ross, whose agency oversees the U.S. Census Bureau, from excluding people in the country illegally when handing in 2020 census figures used to calculate how many congressional seats each state gets. According to the judges, the presidential order violated laws governing the execution of the once-a-decade census and also the process for redrawing congressional districts known as apportionment by requiring that two sets of numbers be presented ? one with the total count and the other minus people living in the country illegally. The judges said that those in the country illegally qualify as people to be counted in the states they reside. They declined to say whether the order violated the Constitution. “Throughout the Nation’s history, the figures used to determine the apportionment of Congress ? in the language of the current statutes, the ‘total population’ and the ‘whole number of persons’ in each State ? have included every person residing in the United States at the time of the census, whether citizen or non-citizen and whether living here with legal status or without,” the judges wrote. Opponents of the order said it was an effort to suppress the growing political power of Latinos in the U.S. and to discriminate against immigrant communities of color. They also said undocumented residents use the nation’s roads, parks and other public amenities and should be taken into account for any distribution of federal resources. The lawsuits challenging the presidential order in New York were brought by a coalition of cities, civil rights groups and states led by New York. Because the lawsuits dealt with questions about apportionment, it was heard by a three-judge panel that allows the decision to be appealed directly to the U.S. Supreme Court. The judges agreed with the coalition that the order created confusion among undocumented residents over whether they should participate in the 2020 census, deterring participation and jeopardizing the quality of the census data. That harm to the census was a sufficient basis for their ruling and they didn’t need to rely on the speculation that a state would be hurt by possibly losing a congressional seat if people in the country illegally were excluded from apportionment, the judges said.

Germany calls for US to back off from world court sanctions

Germany on Friday added its voice to criticism of U.S. sanctions against two top officials of the International Criminal Court, appealing to Washington to withdraw the measures and describing them as “a serious mistake.” The comments by Foreign Minister Heiko Maas followed calls Thursday for the U.S. to reverse course from his French counterpart and European Union foreign policy chief Josep Borrell. U.S. Secretary of State Mike Pompeo announced sanctions Wednesday against the chief prosecutor of the court, based in The Hague, and a top aide, for continuing investigations into the United States and its allies. The sanctions include a freeze on assets held in the U.S. or subject to U.S. law and target prosecutor Fatou Bensouda and the court’s head of jurisdiction, Phakiso Mochochoko. Pompeo had previously imposed a travel ban on Bensouda and other tribunal employees over investigations into allegations of torture and other crimes by Americans in Afghanistan. The U.S. has never been party to the court. Pompeo said the U.S. would not tolerate “its illegitimate attempts to subject Americans to its jurisdiction.” Germany's Maas said that “we have full confidence in the work of the International Criminal Court and consider it a serious mistake that the U.S. has decided on this further step.” “We are continuing to work for the International Criminal Court to be able to fulfill unhindered its indispensable role in the the international fight against impunity, and appeal to the United States to withdraw the measures,” Maas said in a statement.

9th Circuit ends California ban on high-capacity magazines

A three-judge panel of the 9th U.S. Circuit Court of Appeals on Friday threw out California’s ban on high-capacity ammunition magazines, saying the law violates the U.S. Constitution’s protection of the right to bear firearms. “Even well-intentioned laws must pass constitutional muster,” appellate Judge Kenneth Lee wrote for the panel’s majority. California’s ban on magazines holding more than 10 bullets “strikes at the core of the Second Amendment — the right to armed self-defense.” He noted that California passed the law “in the wake of heart-wrenching and highly publicized mass shootings,” but said that isn’t enough to justify a ban whose scope “is so sweeping that half of all magazines in America are now unlawful to own in California.” California Attorney General Xavier Becerra’s office said it is reviewing the decision and he “remains committed to using every tool possible to defend California’s gun safety laws and keep our communities safe.” Gun owners cannot immediately rush to buy high-capacity magazines because a stay issued by the lower court judge remains in place. But Becerra did not say if the state would seek a further delay of Friday’s ruling to prevent an immediate buying spree if the lower court judge ends that restriction. Gun groups estimated that more than a million high-capacity ammunition magazines may have legally flooded into California during a one-week window before the judge stayed his ruling three years ago. Becerra also did not say if he would ask a larger 11-judge appellate panel to reconsider the ruling by the three judges, or if he would appeal to the U.S. Supreme Court. Gov. Gavin Newsom, who championed the magazine ban when he was lieutenant governor, defended the law as a vital gun violence prevention measure. “I think it was sound, I think it was right, and ... the overwhelming majority of Californians agreed when they supported a ballot initiative that we put forth,” he said Friday. California Rifle & Pistol Association attorney Chuck Michel called Friday’s decision “a huge victory” for gun owners “and the right to choose to own a firearm to defend your family,” while a group that favors firearms restrictions called it ”dangerous” and expects it will be overturned. The ruling has national implications because other states have similar restrictions, though it immediately applies only to Western states under the appeals court’s jurisdiction.

Court hears testimony on whether Assange was spied on

Spain’s National Court heard testimony Monday in an investigation into whether a Spanish company was hired to spy on Julian Assange during the seven years the WikiLeaks founder spent in the Ecuadorean Embassy in London. The court is investigating whether David Morales, a Spaniard, and his Undercover Global S.L. security agency invaded the privacy of Assange and his visitors at the embassy by secretly recording their meetings. The intelligence that Morales’ company collected is suspected of being handed over to third parties, according to court papers. Among those set to face the court's questions Monday were prominent Spanish lawyer Baltasar Garzon, who is part of Assange’s legal team; former Ecuadorean consul in London Fidel Narvaez; and Stella Morris, a legal adviser and Assange’s partner, who revealed earlier this year that she had two children with him while he lived in the embassy. Staff of the Spanish security company are due to testify on Tuesday. Assange, whose lawyers filed a complaint at the court to trigger the investigation, is in a British prison after being removed from the embassy last year. He is fighting extradition to the United States, where he faces espionage charges over the activities of WikiLeaks. The court is conducting an investigation, begun last year, before deciding whether there is evidence of wrongdoing that warrants a trial. Undercover Global, also known as UC Global, was hired by Ecuador’s government to provide security at the Ecuadorean embassy in London between 2015 and 2018. Its main task was to secure the property’s perimeter, including the deployment of security staff, due to Assange’s presence inside, court papers say.

Given a chance, Trump would push court pick before election

President Donald Trump and Senate Majority Leader Mitch McConnell have tried to make it clear: Given the chance, they would push through a Supreme Court nominee should a vacancy occur before Election Day. The issue has taken on new immediacy with the disclosure Friday that Justice Ruth Bader Ginsburg is receiving chemotherapy for a recurrence of cancer after four earlier bouts with the disease. The 87-year-old liberal, who apologized in 2016 for her pointed public criticism of Trump during his first campaign, says she has no plans to retire. The development has focused even more on what's at stake this election, with the winner in position to help shape the trajectory of the court for years to come. Trump administration officials have underscored that Trump would not hesitate to fill an opening before voters have their say Nov. 3, less than four months away, on whether to give him a second term. Four years ago, also in a presidential election year, the GOP-controlled Senate refused to vote when President Barack Obama, a Democrat, nominated Merrick Garland, a federal judge, to succeed Justice Antonin Scalia after his death in February. Nine months before that year's election, McConnell said voters should determine who would nominate the person to fill that seat.

Ex-Trump lawyer Michael Cohen back in federal prison

President Donald Trump’s former personal lawyer and fixer, Michael Cohen, was returned to federal prison Thursday, after balking at certain conditions of the home confinement he was granted because of the coronavirus pandemic. Records obtained by The Associated Press said Cohen was ordered into custody after he “failed to agree to the terms of Federal Location Monitoring” in Manhattan. But Cohen’s attorneys disputed that, saying Cohen took issue with a condition of his home confinement that forbid him from speaking with the media and publishing a tell-all book he began working on in federal prison. The rules also prohibited him from “posting on social media,” the records show. “The purpose is to avoid glamorizing or bringing publicity to your status as a sentenced inmate serving a custodial term in the community,” the document says. Cohen has written a tell-all book that he had been preparing to publish about his time working for the Trump Organization, his lawyers said. “Cohen was sure this was written just for him,” his attorney, Jeffrey Levine, said of the home confinement conditions. “I’ve never seen anything like this.” A Justice Department official pushed back on that characterization and said Cohen had refused to accept the terms of home confinement, specifically that he submit to wearing an ankle monitor. The official could not discuss the matter publicly and spoke to AP on condition of anonymity. Cohen legal adviser Lanny Davis called that “completely false,” adding that “at no time did Michael ever object to the ankle bracelet.” Cohen later agreed to accept all of the requirements of home confinement but was taken into custody nevertheless, Davis said. “He stands willing to sign the entire document if that’s what it takes” to be released.