Tuesday, April 23, 2019

Wilbur Ross' Racist 2020 Census Citizenship Question Argued Before The Supremes This Morning...


My previous January 2019 backgrounder appears here, but this one is likely just (more) Trumpian burnt toast, now.

I intend to listen in on the arguments, starting shortly. Oops. Chief Justice Roberts forbade that. We will read a transcript later today, and listen in, next Friday. You too may do so here (when I link to the transcript, tonight). I think the Supremes have hinted they think the Ross' citizenship question addition has violated the Enumeration Clause of the U.S. Constitution, art. I, §2, cl. 3. Here is the excellent Amy Howe, at SCOTUSBlog, on it all:

. . . .“[P]erhaps most egregiously,” the [plaintiffs'] groups argue, the DOJ request for the data was simply a pretext: [Wilbur] Ross had made the decision to include the citizenship question long before the voting-rights issue came up. The government’s argument “that agencies can make decisions for reasons that are completely different from those they publicly disclose,” the groups contend, “violates the transparency in decision making that is a hallmark purpose of the Administrative Procedure Act, and would prevent meaningful judicial review. . . .”

[The plaintiffs' groups also] contend that the [Enumeration Clause of the U.S. Constitution, art. I, §2, cl. 3,] requires the Secretary of Commerce’s decisions about the census to be at least “reasonably related” to the goal of getting an accurate count of the total population. But here, they stress, we know that adding a citizenship question would have precisely the opposite effect, by leading to an under-count of the population. . . .


Now you know -- onward. The seemingly endless variety -- of truly malevolent and crazy things this tangerine Mussolini attempts -- it is all nearly stupefying.

नमस्ते

2 comments:

Anonymous said...

Huffington Post thinks otherwise: https://www.huffpost.com/entry/supreme-court-census-citizenship-question_n_5cbe1dbce4b0315683fba221


Happy Spring/Easter/Passover....

condor said...

Thanks, Anon. -- you too!

I think. . . this is the Chief Justice. . . asking acidic questions at oral argument, and he'll apply the Census statute as written, when it comes time to vote.

And the relevant statute here is remarkably clear -- add to that, that Mr. Ross made up a story, and never had any actual data to support his reasoning.

In fact, he articulated impermissible ones.

It will be interesting, but I foresee a 5-4 vote (with the Chief voting with the Sotomayor, Kagan, and RBG wing) that keeps the citizenship question out of the 2020 US Census. I'll read the full transcript tonight, and report if anything there sways me the other way.

Namaste. . . .