2 MERRILL v. PEOPLE FIRST OF ALABAMA SOTOMAYOR, J., dissenting upset the District Court’s record-based, reasoned, and narrowly tailored judgment, which the Court of Appeals for the Eleventh Circuit let stand. 1 The severity of the COVID–19 pandemic should, by now, need no elaboration. As of October 20, 2020, Alabama’s Department of Public Health has identified 174,528 cases of COVID–19 in the State, leading to 19,801 hospitalizations and 2,805 deaths. 2 Those figures include about 37,000 new cases and 400 more deaths since the District Court issued its findings of fact less than a month ago. See ___ F. Supp. 3d ___, ___, 2020 WL 5814455, *2 (ND Ala., Sept. 30, 2020). COVID–19 presents particularly serious risks for those with chronic medical conditions. As Alabama State Health Officer Dr. Scott Harris warned, “ ‘[c]hronic disease factors are a real risk for dying from this disease, and chronic diseases are found in about a third of our citizens.’ ” Id., at *4. Over 95 percent of Alabamians who have died from COVID–19 had underlying health conditions that made them especially vulnerable to that virus. Ibid. To combat the spread of COVID–19, the Centers for Disease Control and Prevention recommend that States consider curbside voting, that is, permit voters to vote from their car by handing their ballot to a poll worker. Id., at *34. This is no radical recommendation: The Department of Justice has sanctioned curbside voting as a remedy to ADA violations, see Dept. of Justice, Project Civic Access Fact Sheet, https://www.ada.gov/civicfac.htm, and some 28 States and the District of Columbia already permit curbside voting, see App. to Brief for American Diabetes Association —————— 1 The District Court also held that the ban on curbside voting violates the plaintiffs’ fundamental right to vote under the First and Fourteenth Amendments. Because I believe the injunction was appropriate under the ADA, I do not address the constitutional issues. 2 Alabama Dept. of Public Health, Characteristics of COVID–19 Cases (Oct. 20, 2020), https://www.alabamapublichealth.gov/covid19/assets/cov-alcases-102020.pdf.