Oh, so once again, Chief Justice John Roberts decided to knife us in the back with this citizenship question. Katie wrote about this earlier today, where the conservative wing rightfully took the liberal justices to the woodshed over their trash opinion about the citizenship question in the upcoming census. It’s not a definitive decision. It just gets tossed back down to the lower courts, but by the time this gets totally settled, it’ll be too late. This question has been asked before and the Court didn’t find it to be an unconstitutional initiative:
Re census citizenship q, what a dumbfounding opinion. SCOTUS says citizenship q is constitutional. SCOTUS says Sec Ross made a reasonable decision to include it, reasonably explained. Yet SCOTUS doesn't allow it bc it doesn't believe in stated rationale https://t.co/zxKNf9WEsN pic.twitter.com/PkRZkdNFag
— Benjamin Weingarten (@bhweingarten) June 27, 2019
The upshot of the census decision is that Roberts votes with the left to remand to the Commerce Department to provide a non-pretextual explanation for the question. For now, the question is out. It is unclear if there is enough time left to add it back in.
— SCOTUSblog (@SCOTUSblog) June 27, 2019
…The Court did not find the question to be a violation of the law, but instead didn't receive enough information from the Commerce Department and Secretary Wilbur Ross to make a decision. This leaves the door open for the citizenship question to be included on the census in the future.
"The Secretary’s decision to reinstate a citizenship question is amenable to review for compliance with those and other provisions of the Census Act, according to the general requirements of reasoned agency decision making, "Roberts wrote in his opinion. "At the heart of this suit is respondents’ claim that the Secretary abused his discretion in deciding to reinstate a citizenship question."
"Altogether, the evidence tells a story that does not match the explanation the Secretary gave for his decision," he continued. "Altogether, the evidence tells a story that does not match the explanation the Secretary gave for his decision. In the Secretary’s telling, Commerce was simply acting on a routine data request from another agency."
The Trump administration should just add this question to the survey regardless. If you cannot vote here, you shouldn’t be counted. Period. It’s not really a controversial position. The president responded earlier today, calling the decision “ridiculous,” and floated the idea to delay the census until a proper decision can be rendered.
“I have asked the lawyers if they can delay the Census, no matter how long, until the United States Supreme Court is given additional information from which it can make a final and decisive decision on this very critical matter,” said President Trump.
Seems totally ridiculous that our government, and indeed Country, cannot ask a basic question of Citizenship in a very expensive, detailed and important Census, in this case for 2020. I have asked the lawyers if they can delay the Census, no matter how long, until the.....
— Donald J. Trump (@realDonaldTrump) June 27, 2019
.....United States Supreme Court is given additional information from which it can make a final and decisive decision on this very critical matter. Can anyone really believe that as a great Country, we are not able the ask whether or not someone is a Citizen. Only in America!
— Donald J. Trump (@realDonaldTrump) June 27, 2019
This was a disappointing decision by the Court. Roberts has now sided with liberals on two of the most consequential decisions, Obamacare and the Census, and I can see why scores of conservatives are starting to have buyer’s remorse here. Roberts is starting to ‘Souterize.’
We discussed this on today's episode of Triggered:
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