Why doesn’t the Supreme Court want Americans to know how many illegal aliens there are in the U.S. right now?
The Supreme Court unanimously ruled that a citizenship question can be included in a Census under the U.S. Constitution, however a narrower 5 to 4 majority threw out the specific rationale used by the Trump administration for the 2020 Census, remanding the case to lower courts for adjudication.
Chief Justice John Roberts, joining the higher court’s liberal justices, stated “We do not hold that the agency decision here was substantively invalid. But agencies must pursue their goals reasonably. Reasoned decision making under the Administrative Procedures Act calls for an explanation for agency action. What was provided here was more of a distraction.”
This is the so-called reasoned analysis that is supposed to accompany a regulation under Supreme Court precedent. The Department said it relied on the Department of Justice saying the information was needed to enforce the Voting Rights Act. In this case, however, the court ruled that the Department of Commerce “adopted the Voting Rights Act rationale late in the process” and the “evidence established that the Secretary had made up his mind to reinstate a citizenship question ‘well before’ receiving DOJ’s request, and did so for reasons unknown but unrelated to the VRA.”
The court added, “we share the District Court’s conviction that the decision to reinstate a citizenship question cannot be adequately explained in terms of DOJ’s request for improved citizenship data to better enforce the VRA. Several points, considered together, reveal a significant mismatch between the decision the Secretary made and the rationale he provided.”
The split decision, affirming that such a question could be asked, but remanding it to lower courts, appears designed to prevent the question from being included in the 2020 Census since the forms were supposed to be printed out in July.
However, President Donald Trump is not accepting no for an answer, tweeting from the G-20 Summit in Japan that printing the forms could be delayed, “Seems totally ridiculous that our government, and indeed Country, cannot ask a basic question of Citizenship in a very expensive, detailed and important Census, in this case for 2020. I have asked the lawyers if they can delay the Census, no matter how long, until the… United States Supreme Court is given additional information from which it can make a final and decisive decision on this very critical matter. Can anyone really believe that as a great Country, we are not able to ask whether or not someone is a Citizen? Only in America!”
Indeed, only in America, where a political question that the executive branch has discretion in, whether to include a citizenship question on the Census, is ruled to be something the Secretary of Commerce Wilbur Ross had the authority to include, but is also somehow considered to be an administrative matter subject to judicial review, where if the courts don’t like the “reasoned” explanation given, it gets thrown out.