Late last week, the Supreme Court gave a very odd ruling on the census question related to citizenship. The court determined that the question was a legal one to ask, under both the Census Act and the Constitution. However, Roberts ruled with the majority which is adding an additional requirement of Commerce Secretary Wilbur Ross. Ross said he was requesting the question be added back because the Department of Justice asked for it to aid in enforcement of the Voting Rights Act.
However, a memo was uncovered that indicated a change in the way Congressional districts are apportioned based on citizenship, not total population could change the map. Because of this information, Chief Justice John Roberts decided that he needed to be satisfied that there was not a private motive that was at odds with the public rationale that the Secretary had offered.
According to Josh Hammer, Editor at Large for The Daily Wire and In-House Counsel for First Liberty Group, this ruling is really at odds with the majority opinion authored by Roberts for the Travel Ban case. In that ruling lower courts had used Trump’s public statements and tweets into consideration to determine private motives. Justice Roberts did not consider these in the majority opinion. Hammer said these two decisions are hard to reconcile in an interview with Ben Shapiro. Roberts essentially wants to read the mind of the Commerce Secretary and ensure his motives are good but discounted private motives of the President in the Travel Ban case.
Hammer agreed strongly with Justice Clarence Thomas’ dissent. Thomas basically wrote that the Court’s inquiry should have ended once it was determined the question did not violate the Elections Clause of the Constitution or the Census Act. Hammer added this is nearly as baffling as Roberts’ infamous Obamacare decisions.
It often seems that Chief Justice Roberts is sticking his finger in the air to test the political winds on certain issues. Or that he is trying to prove the Court is not leaning Conservative. Most Conservatives have one standard. Does the action being reviewed by the Court violate the Constitution and applicable laws. In this case it was agreed it did not. Yet here is Justice Roberts trying to engage in some assessment of private motives.
This is even more astonishing when you look at the history of the citizenship question on the Census. According to a timeline provided by NPR the question of citizenship has been asked in some form on nearly every census or American Community Assessment with the exception of 2010. The question proposed for 2020 “Is this person a citizen of the United States?” was also used in 1990 and 2000. The primary difference is in the previous years it was asked in one in six households. In 2020 it was intended to be asked in every household.
However, if Roberts was testing the political winds, survey data from Rasmussen on June 28, 2019 shows 73% of voters believe the question should be asked. Moreover, 62% believe Congressional representation should be based on citizens only. If a candidate for President received 62% of the vote, it would be considered a landslide. Perhaps Congress ought to write a law withe that level of consent of the governed. But they won’t with Speaker Pelosi at the helm.
I believe the out-migration in her deep blue strongholds is the primary reason the Speaker won’t move to fix the asylum laws. Let everyone in, force catch a release of those who have children and send them to sanctuary states and cities. Of course this only works if everyone is counted for the purposes of apportionment.
Still, the Democratic debates might have given Secretary Ross a gift. All ten on the second night indicated they wished to give illegal immigrants free healthcare. That would require a new assessment of program cost by the Congressional Budget Office. Seems to me that could be a great basis for public rationale. Voters have a right to know how much a program is going to cost once proposed by a candidate. Or in this case ten candidates. The 11-12 million number has been thrown out there for too long. We know at least 400,000 have come in the last several months.
So stay tuned. It looks like President Trump wants to ensure this can be decided before the census is deployed. Further, Americans have the right to know what an accurate number of illegal immigrants is. The time for estimates is over.
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