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Just got out of census arguments. I think SCOTUS will uphold the Trump administration’s addition of a citizenship question to the 2020 census by a 5–4 vote.
The conservative justices seem to view this case as an unjust attack on the Trump administration’s authority to set policy.
Also, Alito and Gorsuch think Hispanics might hesitate to answer the citizenship question because of ... their lower socioeconomic status?
Also, Alito and Gorsuch think Hispanics might hesitate to answer the citizenship question because of ... their lower socioeconomic status?
Roberts was somewhat opaque, but seemed to believe that the government has a legitimate need to ask a citizenship question on the census to properly enforce the VRA. Which is pretty ironic given his views on the VRA!
SG Francisco irked Sotomayor by saying a ruling against the government would let other groups pick off census questions by boycotting them.
Sotomayor, visibly perturbed: “Are you suggesting that Hispanics are boycotting the census.”
Sotomayor, visibly perturbed: “Are you suggesting that Hispanics are boycotting the census.”
Roberts using the VRA to justify a census citizenship question reminds me of the Bush v. Gore majority using the Equal Protection Clause to end the recount. Any port in a storm, I guess.
Also, it is just astounding to see the conservative justices argue that courts should mindlessly defer to unelected bureaucrats’ dubious interpretation of a federal statute. Agency deference survives—when the agency is run by a Trump appointee!
Similarly, Kavanaugh and Gorsuch cited *the UN and international practices* to justify a census citizenship question. I look forward to both justices adopting the same approach in death penalty cases!
SG Francisco’s bottom line argument was: It doesn’t matter why Ross did this. It doesn’t matter what effect it will have. It doesn’t matter that the census experts opposed it. The court has to defer to the Ross’ decision.
And I think five justices will agree.
And I think five justices will agree.
Postscript: I have seen a lot of lawyers argue at SCOTUS. @dale_e_ho today was one of the best. Bracing, focused, quick-witted, good-humored, and you could tell the justices were impressed, too.
When Gorsuch tried and failed to land a punch, he grinned as if to say, well done.
When Gorsuch tried and failed to land a punch, he grinned as if to say, well done.
My write-up: The Supreme Court’s conservatives embraced international law, agency deference, and the Voting Rights Act to help the Trump administration rig the census. What a joke. slate.com/news-and-polit… @Slate
