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This is too strong. The district court in the litigation presently before SCOTUS rejected the equal protection claim and DOJ did brief this.
DOJ explicitly wrote in its brief that the equal protection claim should not provide an alternative basis than the APA claim.
DOJ explicitly wrote in its brief that the equal protection claim should not provide an alternative basis than the APA claim.
This is from DOJ's brief. The evidence did not reveal discriminatory animus by Sec. Ross.
That is a question that various plaintiffs would like to reopen at the eleventh hour, despite there being no evidence that Ross was motivated by Hofeller's unpublished 2015 study.
That is a question that various plaintiffs would like to reopen at the eleventh hour, despite there being no evidence that Ross was motivated by Hofeller's unpublished 2015 study.
If you're trying to catch up on this, the ACLU's new conspiracy theory in the census case goes like this.
(This may end up a thing when SCOTUS opinions go live tomorrow at 10am, btw.)
(This may end up a thing when SCOTUS opinions go live tomorrow at 10am, btw.)
The claim: a guy named Hofeller did a secret 2015 study that was motivated by anti-Hispanic (or anti-Democratic) animus. (Hofeller is now dead, so his motivation is an actually unknown and, importantly, this claim is unsupported by the actual text of the study).
Hofeller corresponded with a guy named Neuman who consulted with Commerce on the census. (There is no reason to believe Neuman had anti-Hispanic motivations or caught some from Hofeller, but again, this is all unsupported.)
Neuman corresponded with DOJ's Acting AAG Gore about the census. (Again, no reason to believe Gore had any animus or picked up something catching from Neuman.)
And Gore wrote the letter to Sec. Ross that was in large part the basis of his memorandum adding the citizenship question to the census.
So to revive the equal protection question, you've gotta believe that Gore actually added the citizenship question because of Hofeller.
So to revive the equal protection question, you've gotta believe that Gore actually added the citizenship question because of Hofeller.
That's what ACLU, courtesy the NYTimes, was blasting out a few weeks ago: a secret study! It infected everyone, and nobody mentioned it in the voluminous discovery in the case.
The problem: there is literally no evidence the study was the basis of the citizenship decision.
The problem: there is literally no evidence the study was the basis of the citizenship decision.
To get around this little problem ACLU makes an additional claim: that DOJ and Commerce kept it secret in violation of discovery rules and the duty of candor to the court.
Here's the problem: DOJ actually disclosed Neuman's correspondence with Hofeller in discovery.
Here's the problem: DOJ actually disclosed Neuman's correspondence with Hofeller in discovery.
Neuman's discussion of his correspondence with Hofeller takes up 30 transcript pages.
The claim that ACLU just became aware of Hofeller now is, to use a legal term, *le bull shit.*
The claim that ACLU just became aware of Hofeller now is, to use a legal term, *le bull shit.*
And I am particularly frustrated at how pathetically eager legal reporters are to parrot the ACLU's conspiracy theory.
As I said the other day. It's bad-faith lawyering and bad-faith journalism. And it's in service of a political motive. Damn shame.
As I said the other day. It's bad-faith lawyering and bad-faith journalism. And it's in service of a political motive. Damn shame.
And now I'm going to make the DH's dinner to get the stink of this ACLU bullshit off. keyingredient.com/recipes/680225…
