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Will the census have a citizenship question? Maybe, says SCotUS
#1
In a weirdly divided opinion (I'll leave it to you to discern the details), Chief Justice Roberts today announced that:

  • the census CAN have a citizenship question on it, in theory
  • the decision to add such a question is reviewable by the Court
  • in this case, the Commerce Secretary's reasoning was not sufficient to justify the question
  • WIlbur will get another shot at explaining himself to the lower court, and might win after all

A lot depends on two things:

  1. Is Commerce prepared to offer a reasonable justification under the Administrative Procedure Act in a timely fashion?
  2. Will another challenge to the question - not based on the APA, but on an equal protection claim - derail or terminally delay the question in the interim (in this case, MD's challenge based on the dead GOP consultant's emails)?
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Will the census have a citizenship question? Maybe, says SCotUS - by rjmacs - 06-27-2019, 03:02 PM

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