US Supreme Court Signals Support For Trump 2020 Census Citizenship Question

US Supreme Court Signals Support For Trump 2020 Census Citizenship Question

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Kavanaugh said Congress gave the Commerce secretary "huge discretion" to decide what to ask on the census.

Tue, 04/23/2019 - 11:47
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The US Supreme Court has signaled support for the Trump administration's plan to ask each person in the country if they are an American citizen.

https://zh-prod-1cc738ca-7d3b-4a72-b...?itok=x_gcT91C According to Bloomberg, key justices "seemed inclined to let the Trump administration add a question about citizenship to the 2020 census" during Tuesday oral arguments.

Hearing arguments in Washington, Chief Justice John Roberts and Justice Brett Kavanaugh directed almost all their questions to the lawyers challenging the decision to ask about citizenship. Kavanaugh said Congress gave the Commerce secretary "huge discretion" to decide what to ask on the census. -Bloomberg

https://pbs.twimg.com/profile_images...vxw_normal.jpg Lawrence Hurley
✔ @lawrencehurley

· 9h

NEW- Supreme Court census argument has concluded: the conservative majority appears untroubled by Trump administration's bid to add a citizenship question

https://pbs.twimg.com/profile_images...vxw_normal.jpg Lawrence Hurley
✔ @lawrencehurley

Chief Justice: "quite common" for demographic questions to be asked in the census
Kavanaugh: "very common" in other countries for citizenship question to be asked

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11:51 AM - Apr 23, 2019
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https://pbs.twimg.com/profile_images...vXR_normal.jpg Nina Totenberg
✔ @NinaTotenberg

At census args today, the justices sure looked like they had made up their minds and if so it’s 5-4 to uphold adding citizenship Q to the census form. #SCOTUS

389
11:43 AM - Apr 23, 2019
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The Constitution requires that the government survey all "persons" living in the United States each decade. Until 1950, the census regularly asked about citizenship - however it was discontinued out of fears that it would harm participation. Commerce Secretary Wilbur Ross, who oversees the census, has indicated that he wants to reinstate the question at the request of the Justice Department in order to improve enforcement of the federal voting rights law, reports ABC News.

https://zh-prod-1cc738ca-7d3b-4a72-b...oss%201%60.jpg Commerce Secretary Wilbur Ross

New York state and several civil rights groups sued Ross, calling his stated rationale a pretext for discrimination and a politically motivated attempt to generate an undercount in heavily Democratic areas.
By the administration's own estimates, asking about citizenship is projected to drive down the census count by about 6.5 million people, mostly among immigrants and their families. -ABC News

"The citizenship question is a bald-faced attempt to racially rig the census, undercount communities of color and undermine fair representation which our democracy relies upon," said Common Cause president Karen Hobert Flynn. The Trump administration, meanwhile, calls critics' claims unfounded, and says that it's highly "speculative" to assume that millions of people woud decline to participate in the census because of a citizenship question, or that immigration status would be used as a political weapon to retaliate against opponents. "The Secretary concluded as a matter of policy that 'even if there is some impact on responses, the value of more complete and accurate [citizenship] data derived from surveying the entire population outweighs such concerns,'" wrote Solicitor General Noel Francisco in court documents. Ross's plan has been challenged three times by federal judges this year, all of whom found that the Commerce Secretary acted illegally, in an "arbitrary and capricious" manner to circumvent the Administrative Procedures Act requiring that federal agencies carefully study ssuch measures before implementing new policies. Francisco disagreed - writing in court filings "The Secretary's decision to reinstate the citizenship question is committed to agency discretion by law and thus judicially unreviewable," adding "Questions about citizenship or country of birth (or both) were asked of everyone on all but one decennial census from 1820 to 1950, and of a substantial portion of the population on every decennial census (on the so-called ‘long form' questionnaire) from 1960 through 2000." The case is the first analysis of a Trump administration initiative since they upheld President Trump's travel ban last year.

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Quote:

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Originally Posted by Airbornesapper07

US Supreme Court Signals Support For Trump 2020 Census Citizenship Question

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Good, let's identify these people and get them the hell out.

Eric Holder Retweeted Ari Berman
Focus on this. The future of the nation is at stake. This is a big.

JUST IN: The U.S. Supreme Court has signaled support for Trump's 2020 Census citizenship question

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washingtonexaminer.com

SCOTUS Hands Trump ANOTHER Huge Win - Citizenship Question To Remain On Census

We already have these illegal aliens in our databases. Round them up and get them out of our country!

No sob stories...no child left behind...deport the whole family!

OPERATION RETURN TO SENDER!

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We "deserve" to have a President who WILL shut that whole border down and send them back AND their UACs!!!

DO IT NOW! WE DO NOT WANT ANY OF THEM!

Liberals Tell Supreme Court How Illegal Immigration Increases Their Power

By Terence P. Jeffrey | April 24, 2019 | 4:35 AM EDT

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Protesters gather outside the U.S. Supreme Court as the justices hear oral arguments on whether the 2020 Census should include a citizenship question on April 23, 2019. (Photo by Win McNamee/Getty Images)

Liberals in the U.S. House of Representatives and various state and local jurisdictions are asking the Supreme Court to join them in making a remarkable prediction: Next year, they argue, unless the court acts now to restrain the Department of Commerce, vast numbers of illegal aliens will violate a U.S. law that has profound constitutional consequences.
This widespread law breaking, they predict, will impact federal elections for at least 10 years.
And, these liberals contend, the bad guys in this situation will not be the illegal aliens violating the law but the federal agency trying to enforce it.
We are talking about the 2020 census.
Nancy Pelosi's House of Representatives summarized the basic constitutional provision at stake in a brief submitted to the court in the case of the Department of Commerce v. New York. The court heard oral arguments on Tuesday.
"The Constitution's Enumeration Clause, as modified by the Fourteenth Amendment," the House said, "confers on Congress the responsibility to conduct every ten years an 'actual Enumeration' of the 'whole number of persons in each State.'"
Based on next year's enumeration, the current 435 House seats will be re-apportioned among the states, with each getting a minimum of one.
The "whole number of persons" cited in the Constitution does not distinguish between citizens and noncitizens or legal and illegal immigrants.
The census is meant to count literally all persons living in the United States.
To carry out this function, as Solicitor General Noel Francisco told the court in his own brief, Congress has enacted laws. One broadly delegates to the secretary of commerce the power to conduct the census "in such form and content as he may determine."
Others place legal responsibilities on U.S. residents.
"Individuals who receive the census questionnaire are required by law to answer fully and truthfully all of the questions, and the government must keep individual answers confidential," Francisco explained, summarizing 13 U.S.C. 9(a) and 221.
Historically, the census has routinely asked demographic questions and for many decades specifically asked about citizenship. California Attorney General Xavier Becerra admitted in his own brief that at some point in the past it was constitutional for the census to ask about citizenship — and could be again someday.
"To be clear," Becerra said, "California does not contend 'that each and every' past census with a citizenship question was 'conducted in violation of the Enumeration Clause,' ... or that such a question could never properly be added to any census in the future."
So, why did California, the U.S. House of Representatives and other governmental jurisdictions around the country decide to argue the issue in court when Commerce Secretary Wilbur Ross decided to include a citizenship question in the 2020 census?
The first premise in their argument is that the citizenship question will cause some people to disobey the law that requires them to answer census questions.
The House put it to the Supreme Court this way: "No logical leap is required here: given the potential immigration consequences of being identified by the government as lacking legal immigration status, common sense explains the reluctance of noncitizens to self-identify on a government form."
The second premise is that if people "lacking legal immigration status" do not complete the census form, certain states and jurisdictions will lose congressional seats and federal funding.
The California state legislature put this candidly.
"California is expected to lose at least one seat in the House of Representatives and possibly more," it told the court.
"Depending on the experts' estimated undercount attributable to the additional question," it said, "that number could be as high as a loss of three seats."
"Because many federal programs are based on population, California and its local jurisdictions will lose significant federal funding," it said.
Harris County, Texas, was blunter.
"Given its raw population growth since 2010 of more than half a million people, Harris County is on track to gain an additional congressional seat," it told the court.
But: "Under any scenario, in the re-apportionment following the 2020 Census Texas will most likely lose a congressional seat in Congress it otherwise deserves under the Enumeration Clause if the citizenship question is added. Indeed, Harris County alone has enough undocumented people to populate an entire congressional district."
Put bluntly: Harris County told the Supreme Court it stands to gain power in the U.S. Congress because of the large number of illegal aliens living within its borders.
The administration argued to the court that those who brought the case against the citizenship question do not even have standing to do so.
"[T]heir asserted injuries are not fairly traceable to the Secretary's decision to reinstate the citizenship question," Francisco told the court. "None of the respondents' alleged injuries will materialize if individuals completely and truthfully answer the census questionnaire, as required by federal law. The alleged injuries thus depend not just on third-party action, but on third-party action that is unlawful."

Whether or not the court allows Commerce to ask the citizenship question, this case illuminates a fundamental point about illegal immigration.
Those pushing this suit believe their political interests are advanced by making sure all illegal aliens are counted. By the same logic, their political interests would also be advanced by increasing the number of illegal aliens in their jurisdictions.
If all of the illegal aliens in the United States were to suddenly obey the law and go home, California would lose congressional seats.
Harris County would lose one, too.
Does that help explain why some politicians in Washington, D.C., do not want to secure the border or enforce the immigration law?
Terence P. Jeffrey is the editor in chief of CNSNews.com.

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Trump Invokes Executive Privilege In 2020 Census Citizenship Debate

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"the Attorney General is now compelled to request that the President invoke executive privilege..."

​Wed, 06/12/2019 - 11:06
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President Trump on Wednesday asserted executive privilege over subpoenaed materials related to the House Oversight Committee's investigation into a 2020 Census citizenship question.

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The move, announced in a letter from the Justice Department, comes right before the Committee is set to vote on whether to hold Attorney General William Barr and Commerce Secretary Wilbur Ross in contempt of Congress for refusing to turn over the materials.
The committee is investigating whether the decision by the Trump administration to add a citizenship question to the 2020 census was politically motivated.

Assistant Attorney General Stephen Boyd notified Committee Chairman Elijah Cummings (D-MD) that "the Attorney General is now compelled to request that the President invoke executive privilege with respect to the materials subject to the subpoena," and as such "the President has asserted executive privilege over certain subpoenaed documents identified by the Committee in its June 3, 2019 letters to the Attorney General and the Secretary."
Boyd added that the DOJ has "repeatedly informed the Committee that a limited subset of the documents is protected from disclosure," citing attorney-client privilege among the reasons.
Cummings has delayed the contempt vote until later Wednesday so that members of the committee could read the DOJ's letter, according to Axios, though he slammed what he called was "blanket defiance" from the Trump administration.

"The DOJ’s letter says that they were prepared to produce additional documents responsive to the subpoena. But they make clear, very clear, that they will not produce the key documents that we have identified as priorities. This does not appear to be an effort to engage in good faith negotiations or accommodations. Instead, it appears to be another example of the administration’s blanket defiance of Congress’s constitutionally mandated responsibilities.” -Elijah Cummings

It is unclear what will happen after the committee's Wednesday vote. According to CNN "House Democrats could go to the floor with both criminal and civil contempt. They could also drop criminal before going to the floor if some accommodation happens."Read the DOJ letter below:

DoJ Letter available at the page link https://www.scribd.com/document/4131...ngs#from_embed


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