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The Constitutional mandate for an Enumeration doesn't make a distinction based on race, sex, age, national original, home ownership, number of bathrooms, how long it takes to get to work, or dozens of other bits of information the Census has asked.
Roberts seems to have felt that the administration was dishonest with their arguments. Roberts decided that was not acceptable.
Trump can now go through with whatever but all that is going to do is cause the census to get redone with the next president because a large percentage of people will simply ignore it.
Roberts seems to have felt that the administration was dishonest with their arguments. Roberts decided that was not acceptable.
Trump can now go through with whatever but all that is going to do is cause the census to get redone with the next president because a large percentage of people will simply ignore it.
Odds are though, Trump will simply tuck tail.
He can put his citizenship question on it, but people aren't obligated to answer it.
Department of Commerce v. New York - US Supreme Court (ScotusBlog Holding:
The secretary of the Department of Commerce did not violate the enumeration clause or the Census Act in deciding to reinstate a citizenship question on the 2020 census questionnaire, but the district court was warranted in remanding the case back to the agency where the evidence tells a story that does not match the secretary’s explanation for his decision.
ScotusBlog.org Last week, a fractured court agreed with the government that the Constitution allowed Ross to decide to use the citizenship question, and that he could do so even though employees of the Census Bureau had recommended another approach to gathering citizenship data. The court noted that it was also reasonable for Ross to decide to use the question even if it might lead to a lower response rate from households with residents who are not U.S. citizens. But at the same time, Roberts stressed, the government needed to provide a better explanation for its decision.
Key is that all 9 Justices concurred that asking the citizenship question is constitutional.
Everything else is just process.
Trump is fighting the Supreme Court decision and has directed the DOJ to try again, the judge is not happy. They left the courtroom last week and this was finished according to the two DOJ lawyers from the DOJ civil rights division and assistant attorney general then Trump tweeted, embarrassing. They were back before the judge Monday trying to explain Trumps tweet.
Telephone conferences - not Court appearances. You haven't been following all this very closely.
I particularly like the part about the Plaintiffs wanting to Judge to issue a Court order to stop President Trump from Tweeting. The Judge was pretty astounded by that. These telephone conferences are transcribed by a Court reporter and then published.
Department of Commerce v. New York - US Supreme Court (ScotusBlog Holding:
The secretary of the Department of Commerce did not violate the enumeration clause or the Census Act in deciding to reinstate a citizenship question on the 2020 census questionnaire, but the district court was warranted in remanding the case back to the agency where the evidence tells a story that does not match the secretary’s explanation for his decision.
ScotusBlog.org Last week, a fractured court agreed with the government that the Constitution allowed Ross to decide to use the citizenship question, and that he could do so even though employees of the Census Bureau had recommended another approach to gathering citizenship data. The court noted that it was also reasonable for Ross to decide to use the question even if it might lead to a lower response rate from households with residents who are not U.S. citizens. But at the same time, Roberts stressed, the government needed to provide a better explanation for its decision.
Key is that all 9 Justices concurred that asking the citizenship question is constitutional.
Everything else is just process.
We have covered this over and over. It's been done before.
The Trump administration lied in their presentation and so Roberts said "screw that, I don't trust you".
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