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Mf 2000
The Census Case Is Shaping Up to Be the Biggest Travesty Since Bush v. Gore
Francisco on Tues asked the SCOTUS to become complicit in a cover up of discriminatory activity by doing something the court does not and cannot do: decide a legal issue that is not before it. If the court does so, any pretense of the legitimacy of the decision will be gone.
Plaintiffs could not put forward direct evidence of Ross’s state of mind because the Supreme Court blocked Ross’s deposition. 
The story of Ross’s actual motivation turns out to be much worse.
If the government acted out of a racially discriminatory purpose then the citizenship question must be excluded from the census, even if the government could have included the question for facially legitimate reasons.
To be absolutely clear, the Equal Protection claim is not currently before the Supreme Court in the case it is about to decide. Nonetheless, in two last minute filings with the Supreme Court, Francisco has asked the Court to decide the question.
“The Fourth Circuit’s order underscores the need for this Court to address the equal-protection claim and the immateriality of the Hofeller files in its disposition of the above-captioned case so that the lawfulness of the Secretary’s decision can be fully and finally resolved.”
Dude. They blocked Ross deposition. How can they now resolve “the lawfulness of the Secretary’s decision”?
Trump's threat to the 2020 Census
Says one expert: ‘We could be heading for a train wreck.’
Says one expert: ‘We could be heading for a train wreck.’
Roberts.
Francisco began his legal career at Cooper, Carvin, & Rosenthal, now known as Cooper & Kirk. He was part of the legal team that worked for George W. Bush on the Florida recount in the 2000 presidential election.
Francisco received an ethics waiver on April 24, 2018, which relieved him of a previous obligation to recuse himself from any investigation in which his former employer, law firm Jones Day, was involved.
And of course.
