In high-stakes census case, Supreme Court will dissect Trump’s effort to catalogue noncitizens

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The administration’s plan to include a citizenship question on the 2020 form has brought intense scrutiny on Commerce Secretary Wilbur Ross.

By Robert Barnes Robert Barnes Reporter covering the U.S. Supreme Court Email Bio Follow April 21 at 7:00 AM The Supreme Court this week takes up the most consequential Trump administration initiative since last term’s travel ban, with the justices considering whether a question about citizenship can be added to the 2020 Census.

Commerce Secretary Wilbur Ross. Ross notes that at least a subset of the country has been asked about citizenship in every census, that asking the question of all households would provide more accurate information, and that it is needed for the Justice Department to protect minority voting rights. “It shows how unusual this case is . . . for three courts to say the same things,” said Dale E. Ho with the American Civil Liberties Union, one of four lawyers arguing before the court on Tuesday.

“Mr. Secretary, you lied to Congress, you misled the American people, and you are complicit in the Trump administration’s intent to suppress the growing political power of the nonwhite population,” Rep. William Lacy Clay told him. He adds: “The secretary’s decision to reinstate the citizenship question is committed to agency discretion by law and thus judicially unreviewable.”

But a coalition of blue states, cities and counties and civil rights groups immediately filed suit in courts across the country. They said Ross’s action, which was opposite of the advice of Census Bureau officials, was arbitrary and capricious, in violation of the Administrative Procedure Act; that it violated the enumeration clause in the Constitution; and that it would deny equal protection by discriminating against minorities.

Furman ruled that Ross’s actions constituted a “veritable smorgasbord of classic, clear-cut” violations of the Administrative Procedure Act and that the citizenship question could not be added. Hazel and Seeborg concluded the same and also said the question would violate the enumeration clause by resulting in a less accurate count.

 

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8 -1 w/RGB as the only hold out this is a no brainer

Yeah, we shouldn't know who doesn't belong here.

Impeach all dem politicians refusing their sworn duty to defend & protect Constitution Dems want power & as such the destruction of the Republic. It's 24/7 diversion from '16 coup d'etat & '17 obstruct/resist bc they couldn't install HC, the next Alinsky radical tactician in line

I was born in the USA and am white, and I will refuse to answer that question if it is there.

The left is running scared because the population count will be legal citizens only causing the lefts to lose seats and representation. Can’t wait for SCOTUS to uphold the citizen question. It will be upheld

Federal $$ for schools depend on an accurate census.

How else will he know how many more there are to deport?

Census around the corner. Time to remove delegates from blue states ..........

I as a natural citizen don’t plan on filing out the census. I don’t think the question should be added

I have no faith SCOTUS will uphold the Constitution on this one. This is exactly why mcconnell is stacking the courts.

If Citizen Question not on census, Lawsuit will follow under the voters rights act!

5-4 is as good as 9-0... we’re gonna win this one and it’ll be another step towards stopping leftist cheating in 2020

The question should be on the sensus - it's an important question. Democrats are so worried about foreign interference with our elections - let's see them mandate Voter ID.

'It's racist' you're welcome

Counting people? Only Nazi’s do that! Oh wait, citizens get counted...

How could less information possibly be better. This is what a census is for.

Supreme Court checks if there’s any remote reason why we wouldn’t want to be aware of end users in our incredibly bloated, irresponsible government.

will they start micro chipping them as well, maybe barcodes?

The Justice Department insisted they needed the question to help enforce the voting rights act, so the first question should be 'what mechanism of enforcement requires that enumeration'?

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