, 7 tweets, 2 min read Read on Twitter
Judge Furman's 277-pp. opinion in the challenge to the citizenship-question-on the-census-case is thorough and measured. 1/7
Furman finds that Commerce Secretary Wilbur Ross's decision to add the question to the 2020 census was an "egregious" violation of the Administrative Procedures Act. 2/7
But he does not find sufficient evidence to bear out the plaintiffs' claim that Ross violated the Constitution by discriminating against minorities 3/7
Here is a crucial passage pushing back against the claim that executive-branch decision-making is insulated from judicial scrutiny as long as the record is facially neutral. Courts should examine officials' behavior for signs of discriminatory motive, Furman writes... 4/7
...but although Ross's move here was "pretextual", there isn't enough evidence to show the pretext was to harm non-citizens and Hispanics. 5/7
The most important feature of Judge Furman's opinion is its reliance ONLY on evidence in the administrative record. This insulates it from a ruling at SCOTUS in a case coming up in February asking whether it's ok to "probe the mental processes of the agency decisionmaker"...6/7
...when adjudicating an APA claim. So even if SCOTUS rules for Ross, Judge Furman's decision seems safe. Still, an appeal by the government will come soon to the Second Circuit. 7/7
Missing some Tweet in this thread?
You can try to force a refresh.

Like this thread? Get email updates or save it to PDF!

Subscribe to Steven Mazie
Profile picture

Get real-time email alerts when new unrolls (>4 tweets) are available from this author!

This content may be removed anytime!

Twitter may remove this content at anytime, convert it as a PDF, save and print for later use!

Try unrolling a thread yourself!

how to unroll video

1) Follow Thread Reader App on Twitter so you can easily mention us!

2) Go to a Twitter thread (series of Tweets by the same owner) and mention us with a keyword "unroll" @threadreaderapp unroll

You can practice here first or read more on our help page!

Follow Us on Twitter!

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just three indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3.00/month or $30.00/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!