NY Solicitor General Underwood is struggling in oral argument in the census case after conceding that there would be no problem with government submitting two sets of figures "in separate envelopes." Some justices are slamming what they view as a "meaningless" distinction.
...Justice Sotomayor came to the rescue by saying that the Court could decide whether the Secretary should be barred from submitting "illegal information" to the President, including figures excluding "illegal aliens."
The justices are discussing a possible off-ramp based on the view that this is premature since no action has occurred. This raises a serious standing issue. It is ironic that the liberal justices voted that the New York challenge over Cuomo's pandemic order was premature.
...Of course, the conservatives justices (except Roberts) voted in the New York case that it made no sense to wait since the "zone" limiting religious gatherings could change. It is not an identical issue but offers an interesting comparison on timeliness.
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