Speaking as a lawyer myself: Lawyers are oftentimes annoying. We are oftentimes far more trouble than we are (literally and proverbially) worth. But sometimes — just sometimes — a bit of clever lawyering can truly go the wrong way.
As The Daily Wire reported two weeks ago, the nine robed oracles of the U.S. Supreme Court dealt the Trump administration a substantial legal blow in the case of Department of Commerce v. New York — the case challenging U.S. Commerce Secretary Wilbur Ross's much-ballyhooed decision to add a question pertaining to citizenship status on the upcoming decennial census, to be held in 2020.
The Court held that, though lacking neither constitutional nor statutory support, the administration's decision to include the citizenship question on the asserted grounds of collecting data for purposes of Voting Rights Act enforcement was "pretextual."
In other words, the Court held that the administration seemed to be harboring an ulterior motive or pernicious agenda, and that this motive or agenda rendered an otherwise-constitutionally and statutorily legitimate census question inclusion "arbitrary and capricious," and thus invalid.
The Court's holding in New York was an astonishing breach of the judicial duty. Justice Clarence Thomas excoriated Chief Justice Roberts' reasoning, decrying it as "the first time ever" that "the Court invalidates an agency action solely because it questions the sincerity of the agency’s otherwise adequate rationale."
Justice Samuel Alito, even more livid, defiantly asserted that "the Federal Judiciary has no authority to stick its nose into the question whether it is good policy to include a citizenship question on the census or whether the reasons given by Secretary Ross for that decision were his only reasons or his real reasons."
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DelMarVa's Premier Source for News, Opinion, Analysis, and Human Interest Contact Publisher Joe Albero at alberobutzo@wmconnect.com or 410-430-5349
7 comments:
ALZHEIMER'S PELOSI called Trump racist for it BUT when you get a passport WHAT does it ask you ?.
We have several categories of residents within the USA; the numbers fluctuate as births and deaths occur, and legal immigrants and legal visitors arrive. The Census is a snapshot taken every 10 years, and mandated by the Constitution. A primary reason for its existence, then and now, is apportioning the seats in the House of Representatives.
Natural born citizens and naturalized citizens are entitled to vote in Federal elections.
Resident Aliens (green card holders) and those here on Visas are not entitled to vote.
Illegal immigrants are not entitled to vote.
Felons who are citizens are not entitled to vote, unless their voting franchise has been restored; that varies by state.
It is important to have an accurate snapshot so counting and categorizing all present is necessary.
IMHO only citizens should factor into apportionment calculations.
Because he is a racist
Since the whole discussion of citizenship really came to a head when Obama ran and won the presidency, he never provided any proof of citizenship and hasn't to this day so really we had our first president not a citizen of this country which should have led us to impeachment and did not. It really now should become law. I believe if Obama had been white it would have been an issue and resolved. The country in an effort to have a first black president, and I myself being white voted for him both times can say looking back it should have been cleared up and needs to be before the 2020 election to go forward.
Roberts is compromised by the Progressives. Someone has the goods on him
The greater debate should be is what is a good citizen ? We have plenty that are legal and have been here forever and still have nothing and somehow seem entitled. I'd certainly prefer people to come on board and believe in their own dream destinies and ours and prosper. We should exchange lazy Americans at the border for every person willing to come here and actually work.
The census is to count people, not citizens good or bad, like it or not
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