Daily Recap — July 10



A Revealing Episode


Sometimes, battles emerge within the government that reveal the true nature of the beast which seeks to destroy our Republic. One such battle has materialized in recent weeks regarding what has traditionally been an utterly uncontroversial constitutional requirement: the census.

It all started when Commerce Secretary Wilbur Ross attempted to insert a—trigger warning—cItIzEnShIp QuEsTiOn on the census. That move prompted an immediate lawsuit, naturally, which soon made its way up to the highest court in the land. It was there that “conservative” Chief Justice John Roberts joined with the court’s coochie cap wing to rule 5-4 against the administration, citing sufficient reason for concern about why the Commerce Department wanted to add the question, as if that’s their job.

In other words, Roberts voted against the administration because he didn’t feel they were sincere in why they really wanted to add the question. That’s how far the rot of judicial activism has gotten.

The Trump administration argued the citizenship question on the census questionnaire is necessary to better comply with federal voting rights law. Critics argued it is an attempt to intimidate noncitizens and Hispanic households and will lead to a decline in response rates and underrepresentation of minorities.

There is a lot at stake here, since data obtained from the 2020 census will be used for the allocation of congressional seats and the distribution of billions of federal dollars to states and localities over the next decade. Simply put, it benefits Democrats greatly to have illegals counted as though there were citizens, as it stands to pad both federal subsidies in their districts and their House majority.

The good news is the court’s ruling was somewhat narrow, which allowed for inclusion of the citizenship question going forward if a certain level of clarity could be demonstrated, aka convince His Royal Highness John Roberts that the administration is pure and true in their intentions.

AG Bill Barr has since stepped up to say he believes the Trump administration can legally add a citizenship question to the 2020 census, and that the Supreme Court was wrong in their ruling. Barr added that he thinks there is “an opportunity potentially to cure the lack of clarity that was the problem and we might as well take a shot at doing that.”

It seems our tyrannical judicial branch has already sought to undermine Barr’s efforts, however, as a federal judge in—guess where—the Southern District of New York has already shot down a DoJ attempt to change the lawyers arguing the case. There was concern within the DoJ that since these were the lawyers who argued the case on the basis of Voting Rights Act enforcement, and the Supreme Court found that reasoning to be “insincere,” that naturally it would be best to start over with a new team.

So not only are we disallowed from counting actual citizens on a census, our justice department can’t even decide who argues that we can. What an absolute disgrace. As President Trump noted on Twitter:

“So now the Obama appointed judge on the Census case (Are you a Citizen of the United States?) won’t let the Justice Department use the lawyers that it wants to use. Could this be a first?”


Now what?


The administration could bring a new, “valid” legal reason for adding the citizenship question, or PDT could try to issue an executive order to add the question. Given the time-sensitive nature of the issue and the fact that census forms sans the citizenship question are being printed as we speak, the assumption is that an executive order will be the chosen route.

If the EO is indeed given, it faces a steep uphill battle. Hell, even slam-dunk cases are uphill battles given the current state of our judiciary, but the constitutional facts of this case make it especially hard. The census is found under Article I, making it a congressional matter.

Then there is the practical aspect of it all. If the EO is issued, a legal challenge will ensue, which will tie the matter up in courts for the foreseeable future, making it doubtful that the census could be sent out in a timely manner as required by the Constitution. This is a battle that should’ve been initiated long ago.

There is a more nuanced legal analysis to be had, of course, and I’m hardly qualified to give it. The big picture view I’m giving is simply a summation of the legal opinions I’ve studied since this issue arose. I am confident in saying, however, that we’re not likely to win this fight, or at least not this iteration of it. The SCOTUS has left open the door for getting the question on future census forms, but that will require the administration to continue its legal battle beyond the issuance of the 2020 forms. Whether that happens remains to be seen, as politics tends to dictate what happens in DC.





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