The U.S. Supreme Court (6-3) has dismissed a challenge to a Trump administration plan to exclude counting illegal aliens in the part of the Census count for congressional redistricting purposes. One of the grounds for dismissal was, wait for it, lack of standing.
The U.S. Supreme Court, with only Justice Sotomayor dissenting, handed the Trump administration a win, staying a lower court order that had required the government to continue the Census count through the end of this month.
Thursday evening, Trump announced his administration was not "backing down in the effort to determine citizenship." While the census will proceed without the hotly contested citizenship question, the administration will pursue that data via other federal agencies.
The Justice and Commerce Departments announced Tuesday afternoon that, in light of the Supreme Court's decision last week in Department of Commerce v. New York, the Trump administration had abandoned its quest to add a citizenship question to the 2020 decennial census.
On the morning of June 28, 2012, CNN and Fox News initially told viewers that the Supreme Court had struck down the Affordable Care Act’s individual mandate, not yet realizing that the court had saved it as a tax. Fox’s Shannon Bream declared that the mandate was “gone” and for six minutes a CNN chyron blared, “Individual Mandate Struck Down.”
In a complicated ruling, the Supreme Court substantially upheld the inclusion of a census question regarding citizenship, but procedurally held that more inquiry was needed into C0mmerce Dept. reasoning in seeking to add the question.
So the bottom line is that there might be a citizenship question, but it's unclear if there is time to get it resolved under deadlines for printing census forms.
The Supreme Court will soon decide whether the Trump administration can include a question about citizenship on the 2020 census.It might seem strange that such a matter is before the Supreme Court at all. But when the Trump administration explored adding the question it was not...especially solicitous, shall we say, about following administrative law. Nevertheless, the government argues that it is entitled to significant deference on how to best design the census and, after the oral argument in April, most observers got the impression that the five conservative justices agreed.
The Supreme Court heard oral argument on the issue of whether the Commerce Department can add a citizenship question to the Census. Various District Courts ruled against the Trump administration, and the administration sought the unusual remedy of direct review by the Supreme Court.
We previously covered the issues in our post when the Supreme Court granted direct review, Supreme Court agrees to hear Census citizenship question case.
The Trump administration wants to reinstate a citizenship question on the 2020 Census. Opponents allege that the administration did not follow proper administrative procedures in coming to and announcing the change.
In a long-awaited and predictable decision, Judge Jesse M. Furman in the Southern District of New York ruled Tuesday that Commerce Secretary Wilbur Ross violated federal administrative law when he decided to reinstate a citizenship question on the 2020 Census. Judge Furman, who was appointed by President Obama, barred the Census Bureau from inquiring about citizenship on census questionnaires anywhere in the country.
There's a pretty good chance that this decision stands.