The census is constitutionally-mandated to begin in April 2020, under Article I, Section 2.
Trump is asking if he can IGNORE the Constitution b/c he doesn't like a SCOTUS decision.
It would've led to a severe undercount, which would've rigged elections and resources in favor of white Republicans.
After missing their deadline, some feared Trump may actually try to defy the Constitution and the law.
This is an incredible victory for democracy!
nytimes.com/2019/07/02/us/…
I'm so grateful to the @ACLU and the plaintiffs for this incredible victory for democracy! Can't say it enough!
This comes a day after Commerce Sec. Wilbur Ross and the DOJ confirmed that they were printing census forms WITHOUT the question.
nytimes.com/2019/07/03/us/…
them to find a way to add the citizenship question to the #2020Census...they're taking NO STEPS at this time and will update the court by Friday.
They admitted they learned of Trump's position by tweet.
The tweets prompted judges in both Maryland and the SDNY to seek immediate answers.
He ruled against Trump...at this time...because of the dishonesty and absurdity of the administration's reasoning.
But they needed to come back with a better story.
If they figure out how to still make the April start, including an emergency SCOTUS appeal...
Roberts could join the 4 CONSERVATIVES who *already* sided with Trump.
Republicans are DESPERATE to undercount the #2020Census, so they can gerrymander maps EVEN MORE in their favor in 2021.
DOJ is still looking for a "new rationale," but they do not say what it would be, nor how they'd be able to print new forms later.
So, DOJ says NEW lawsuits would required to challenge it, and they would not be part of the existing cases.
TO DETERMINE CONGRESSIONAL DISTRICTS.
Districts are based on population, not citizenship.
But, an UNDERCOUNT would rig election maps for Republicans/non-hispanic white people for 10+ years.
This judge said he could still reconsider the equal protection/civil rights claims following NEW EVIDENCE that has surfaced.
Plaintiffs want discovery now, without waiting for the "new rationale."
DOJ claims it'd be "premature" and "extremely inefficient" to do so before the "new rationale."
The court will consider whether the Citizenship Question is intended to discriminate based on race following newly surfaced evidence.
I believe he WILL do so if the "new rationale" doesn't pan out.
Every option would trigger new challenges in court.
axios.com/trump-consider…
While the Census is in Article I in the Constitution...Congress delegated part of that authority to the Commerce Secretary.
So, an EO might hold up before SCOTUS.
Political appointees and career lawyers from the Consumer Protection Branch were to replace them...which is unheard of.
"Over the next day or two, you'll see what approach we're taking and I think it does provide a pathway for getting the [citizenship] question on the census."
Judges in California, Maryland, and New York ALL told DOJ that their first attempts to withdraw the previous legal team from the #2020Census cases either failed to comply with court rules, or lacked information.
buzzfeednews.com/article/zoetil…
They've finally conceded that they wouldn't succeed with the time remaining and/or with a new rationale.
Yes, a win...BUT there's more you should know...
washingtonpost.com/politics/trump…
While the Census Bureau already does something similar, Trump LIFTED barriers between agencies, including DHS, Social Security Administration, etc.
So what does he want to do with the data...?
Trump explicitly admits he plans to share citizenship information w/ states for them to consider while REDRAWING CONGRESSIONAL DISTRICTS.
However, Trump's Attorney General Bill Barr expresses his clearly unconstitutional view of redistricting, and his intent to fight for it.
1. A legal battle to ensure that Citizenship Data is NOT shared with law enforcement.
It's illegal to share data from the #2020Census w/ law enforcement. We must ensure this aggregated citizenship data is too.
2. A legal battle to ensure that Citizenship Data is NOT considered in drawing congressional districts.
Districts are based on people. Let's block this data from helping GOP states choose where to draw lines.
3. Finally, OUR battle. We must reassure/inform immigrant communities, including undocumented & non-citizens, and make sure they respond to the #2020Census.
An undercount is exactly what Trump/the GOP want...