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Brad Heath
@bradheath
, 4 tweets, 2 min read Read on Twitter
The Justice Department says it is now "impossible, as a practical matter, to include a citizenship question on the 2020 decennial census questionnaire," and it will confer with plaintiffs about what should happen next in the legal challenges to that plan.
The filing includes a copy of Trump's new executive order laying out the need for better citizenship data. It doesn't include any reference to Voting Rights Act enforcement, which was the administration's "sole" reason the administration gave for wanting to add it to the census.
One upshot of this is we might get bigger ACS samples, which would mean more granular data on lots of things besides citizenship.
DOJ just filed another notice in California. ->
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Brad Heath
@bradheath
The full 4th Cir. rules that a Virginia law making it a crime for "habitual drunkards" to possess alcohol is unconstitutionally vague. The government "cannot tolerate is the targeted criminalization of otherwise legal behavior that is an involuntary manifestation of an illness."
One problem, the 4th Cir. majority says, is that Virginia's law doesn't actually define what would make some a habitual drunkard.
Three judges write separately to say that maybe everybody should take it down a notch. "I worry about the message that we convey to the public when we attempt to bolster a legal analysis by making assertions suggesting malfeasance by judges who disagree with our position."
Read 7 tweets
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Brad Heath
@bradheath
An update on the slowest-moving criminal case I've ever covered. This guy pleaded guilty in 2007, then things got weird. Last week, almost 12 *years* after his plea, the case inched a bit closer to sentencing.
usatoday.com/story/news/nat…
The crux of the weirdness: He hired people outside of jail to gather information for him, then sold that info to others so they could pass it on to the feds for a sentence reduction. And he wanted his own sentence reduce, too, but the whole thing was too icky for DOJ.
Though in the process, DOJ said another informant (who bought info from the guy) was also paying someone on the outside who was gathering information that he could provide to the feds, but DOJ said this was totally different and not a problem. The judge did not agree.
Read 9 tweets
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Brad Heath
@bradheath
This is dumb. The Obama administration didn't remove a citizenship question from the long-form census in 2010. There was no long-form in 2010. Instead, the Census Bureau replaced the long-form with the annual ACS, which does ask about citizenship. (And that happened under Bush.)
Come up with better conspiracies.
(There was a whole thing in 2010 in which some of these very same people got upset that the ACS asked too many questions. theguardian.com/world/2010/jan…)
Read 3 tweets

Related threads

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Jeff Carlson
@themarketswork
1) President Trump's "Executive Order on Collecting Information about Citizenship Status in Connection with the Decennial Census"

Some excerpts to follow.
whitehouse.gov/presidential-a…
2) "The Court’s ruling...has now made it impossible, as a practical matter, to include a citizenship question on the 2020 decennial census questionnaire."

"Nevertheless, we shall ensure that accurate citizenship data is compiled in connection with the census by other means."
3) "I have determined that it is imperative that all executive departments and agencies (agencies) provide the Department the maximum assistance permissible, consistent with law, in determining the number of citizens and non-citizens in the country..."
Read 20 tweets
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unseen1
@unseen1_unseen
Executive Order on Collecting Information about Citizenship Status in Connection with the Decennial Census
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Section 1.  Purpose.  In Department of Commerce v. New York, No. 18-966 (June 27, 2019), the Supreme Court held that the Department of Commerce (Department) may, as a general matter, lawfully include a question inquiring about citizenship status on the decennial census and, more
Read 77 tweets
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M.S. Bellows, Jr.
@msbellows
Re-upping this to explain what I think Trump/Barr's strategy will be with today's expected executive order on the census citizenship question:
Also re-upping this, on how the Administration's expected executive order could open the door to a Democratic counteroffensive to reduce the representation of states that disenfranchise voters:
And finally, in light of today's expected executive order, I'm re-upping THIS thread on why, rather than admit SCOTUS is powerless, Chief Justice Roberts may cave in:
Read 41 tweets
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Zoe Tillman
@ZoeTillman
It appears ~something~ may happen today re: the census citizenship question: nbcnews.com/politics/donal… Whatever it is, there are federal judges in MD, NY, and CA who will have questions, and probably some appellate judges, and maybe some SCOTUS justices
One big Q going forward: What will judges do with the fact that the Trump admin repeatedly said the census forms had to be finalized by 6/30? Those representations went all the way up to SCOTUS, and were what prompted the case to move along quickly
The ACLU has already asked the judge in SDNY to enter an order blocking the administration from trying to add the citizenship question now based on that very issue (the 6/30 deadline representations):
Read 20 tweets
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JMHendersonSr❌
@JMHendersonSr
@TheJusticeDept @CommerceGov @uscensusbureau

This is not rocket science, friends.

Asking the #citizenship #question is #necessary for the #federal #government to #fulfill its #role in #advising #Congress regarding #enforcement of the #constitutional #right to #vote.
So it is #perplexing to read #newsreports that @TheJusticeDept is searching for a #path to #inclusion of the #citizenship #question.

Why is this a #puzzle for you?
The @uscensusbureau must do the best it can to accurate #ascertain #both the #number of #persons and the #number of #citizens.
Read 13 tweets
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JM Rieger
@RiegerReport
A White House official to The Wall Street Journal on Trump’s tweet:

“Nobody has any f—ing idea [what he’s talking about].”

wsj.com/articles/trump…
BREAKING: In a course reversal, Justice Dept. attorney says government will look for a way to add citizenship question to 2020 Census washingtonpost.com/news/politics/…
In a call with a federal judge hours ago a DOJ attorney said:

“The tweet this morning was the first I had heard of the President’s position … I have confirmed that the Census Bureau is continuing with the process of printing the questionnaire without a citizenship question”
Read 25 tweets

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