DOJ Asks SCOTUS To Decide If Census Citizenship Question Is Constitutional

[turbinetree]

Source: Talking Points Memo

By Tierney Sneed
March 11, 2019 1:32 pm

The Justice Department is asking the Supreme Court to consider whether adding a citizenship question to the 2020 census violates the Constitution’s Enumerations Clause.

The request Monday came in the form of a letter to the Supreme Court from Solicitor General Noel Francisco asking the court to take up the constitutional issue in an appeal of a New York case that already pending before the court. The move comes after a federal judge in California in a different case ruled that the citizenship question is unconstitutional.

“In light of that finding,” Francisco wrote, referring to the California decision, “only if the Court addresses respondents’ Enumeration Clause claim can its decision definitively resolve whether the Secretary may reinstate a question about citizenship to the 2020 decennial census. ”

The Supreme Court will hear oral arguments in the New York census citizenship question case next month. In that case, a federal judge in Manhattan ruled that how the Trump administration went about adding the question violated the Administrative Procedure Act. The New York judge’s decision left open the possibility that the question could be included on the census if the administration found a way to add it that was in compliance with the administrative law.

Read more: https://talkingpointsmemo.com/muckraker/doj-california-census-francisco-scotus-letter

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Maybe the "guy" and his team should reread the Constitution......


https://www.census.gov/history/pdf/Article_1_Section_2.pdf




https://www.law.cornell.edu/constitution-conan/article-1/section-2/clause-3/the-census-requirement

[SunSeeker]

1. Ug. I predict a 5-4 right wing shitting on the Constitution.

Which is what Trump's DOJ is hoping for.

[Igel]

2. It's not a constitutional question.

Strictly speaking, asking for a person's race on the census is "not Constitutional," and there's no authority in the section specifying numeration for taking a census of places like Puerto Rico.

You ask if a person is free (or bound for a term of years) or not free, or in the case of "Indians" if they're taxed or not. If free, then each person counts; if not free, well, that provision's been rendered moot; and if Indian and untaxed, they don't get counted.

Limit the census to just the constitutional provisions and there'd be screaming in the halls of power in DC and lobbyists (both official and unofficial).

[SunSeeker]

4. The fuck it isn't. The Constitution requires a census be conducted in which everyone is counted.

By putting in questions that dissuade people from answering and thus resulting in the census under counting segments of the population, those questions violate our Constitution's mandate. And the violation is intentional--these questions were cooked up by Kris Kobach with the intention to discriminate against immigrants and Latinos in particular - to deny them representation in Congress and their communities their fair share of federal funding. That is an intentional violation of equal protection--thus another Constitutional violation.

After Steve Bannon requested that Wilbur Ross “talk to someone about the census,” Mr. Ross met with Kris Kobach,
The fix was in: https://www.nytimes.com/2018/11/04/us/wilbur-ross-commerce-secretary.html

[ArizonaLib]

5. Those jackasses purposely disregard equal protection, etc.

Agree with you, SunSeeker - It is all about themselves and what they want. They always have an excuse for justifying this crap, whether it's 'just politics', or whatever. That's why you never hear confederate sympathizers call themselves traitors.

[cstanleytech]

3. If they let it fly how about a census question of "Are you a racist?"? After all people deserve to

know which states harbor the highest concentrations of racist assholes.