06-27-2019, 03:02 PM
In a weirdly divided opinion (I'll leave it to you to discern the details), Chief Justice Roberts today announced that:
A lot depends on two things:
- 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:
- Is Commerce prepared to offer a reasonable justification under the Administrative Procedure Act in a timely fashion?
- 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)?