Supreme Court tosses citizenship question from 2020 census forms, a victory for Democratic states
S E E D E D C O N T E N T
WASHINGTON — The Supreme Court ruled Thursday that the Trump administration cannot include a question about citizenship on the 2020 census form that goes to every U.S. household, giving a win to populous states that said it would discourage legal and illegal immigrants from responding and make the population count less accurate.
The ruling was a setback for the Trump administration's tough position on immigration. It was also a surprise, because it appeared in April when the case was argued that the court's five-member conservative majority was prepared to rule that Commerce Secretary Wilbur Ross acted within his authority to add the question. They seemed to agree with the Justice Department that Ross' decision was a rational one, balancing the need for more information against concerns about accuracy. But in the decision Thursday, the court found that while the department of commerce has a right to reinstate the question, it did not provide an adequate justification for doing so.
A census is required every 10 years by the Constitution, and the results determine the size of each state's congressional delegation. The data is also used to calculate a local government's share of funds under many federal programs.
A total of 18 states, several of the nation's largest cities and immigrant rights groups sued to block the question, saying it would make immigrants reluctant to respond to the census mailer. As a result, states with large immigrant communities could lose seats in Congress and suffer cuts in government aid programs, their lawsuit said.
Citizenship questions were asked during every census between 1820 and 1950. But from 1960 on, the government sent households a short form that contained only a few questions and did not inquire about citizenship. Both the Census Bureau and the groups behind the lawsuit agreed that the question will reduce the census response rate, especially in immigrant communities. By one government estimate, as many as 6.5 million people might not be counted.
Ross told Congress that he decided to add the question after receiving a letter from the Justice Department that said the citizenship data was needed to properly enforce federal voting laws. But he later admitted during a trial on the issue that he started thinking about the citizenship issue shortly after taking office and suggested that the Justice Department request it.
Led by New York, the states opposing the question also said Ross' directive sidestepped the Census Bureau's longstanding procedures for testing changes to the questionnaire in order to evaluate whether they would lead to an undercount. Because the citizenship question would depress minority responses, the challengers said, including it on the form would actually produce a less accurate count than leaving it off and using Social Security and IRS data to supplement the information gathered from the census form.
Five weeks after the case was argued in late April, the American Civil Liberties Union informed the court that it found evidence suggesting that the idea of including the question originated with an unpublished policy paper by a longtime adviser to the Republican Party. The government's actual goal, the group said, was to dilute the voting power of minority communities.
But the Justice Department dismissed the claim as unfounded and said none of the officials responsible for adding the question had even heard of the policy document.
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To be revisited after 2020
cool. in the meantime we can think of more questions for the next census. like having the migrants list all their employers since they arrived. our national security would be well served in knowing of those who have facilitated and financed this invasion by illegally employing undocumented workers over Americans.
You are expecting they are all Republicans. There are probably far more Democrats on the list than you want to know about.
When it comes to exploitation it is party lines fade.
Trump wants to get a court order to delay the 2020 census.
I don't know if he's joking or you are. I must say I'm surprised to find that the SCOTUS would deliberate on the question of whether the Census Bureau can put a question that used to be a part of the Census back into the Census.
You also made a good point about the inept arguments made by administration lawyers. Why would they make any other argument than the need for an accurate accounting which the Constitution calls for? Are they really Trump's people?
I'm just wondering if you and I live to see the day when a future democrat President wants to add or subtract a question. Would he face all the resistance of lower Court Judges and the ACLU and documents supposedly popping up that contradict "inept" arguments? Would the SCOTUS deny him?
Oh, what we allow liberals to get away with!
Your (the Trump administration) arguments must really suck if the current conservative court wouldnt even accept them.
It wasn't the arguments made by the Trump administration. It's because they didn't have enough info from lower courts. It's a temporary loss for the nation, but this question will eventually come before the Court again, just not in time for the 2020 census.
I'm glad to see you do some research.
The Supreme Court did not say it was excluded from the Census in 2020. It may be, as a practical effect of the calendar, but its still an open question for the 2020 census, with the presumption that the question is valid.
So, it seems the left is still more concerned with illegal immigrants than US citizens. The amount of Congressional representation should be based on the number of US citizens residing within a state alone.
Sanctuary cites/states will continue to be over represented in Congress; and the electoral college.
As for the fear that sanctuary states would lose funding- last I checked filling out the Census was mandatory. Funding is based on overall state population- illegals count the same as US citizens; so what exactly are they afraid of?
The law does not provide exceptions for immigrants (illegal or legal); but I guess it is ok with the left for their chosen ones to violate US laws whenever needed.
Seems the Supreme Court agrees with the left, and US citizens will be on the losing end again.
I have so many ethnicities in my genealogy, I keep looking for the mongrel category but I haven't found it yet....
I love seeing the SC bitch slap the orange POS !!!!!!!!!
They did no such thing
SCOTUS opinion on Census- not what many in the media are reporting
Roberts said the government must provide a better explanation for including the question so the Court can make a real determination
The Supreme Court ordered further proceedings in the dispute over a citizenship question on the 2020 census form Thursday, saying the Trump administration apparently concealed its true reason for adding the query.
For example, the Court said the question does not violate the Constitution’s enumeration clause, which requires an “actual enumeration” of the population. Critics say the question runs afoul of the Constitution because it could depress participation in the census, thus preventing a full and accurate counting.
“In light of the early understanding of and long practice under the enumeration clause, we conclude that it permits Congress, and by extension the secretary, to inquire about citizenship on the census questionnaire,” Roberts wrote.
Poor wittle orange conman doesn't see it your way
He should go forward with the delay.
the only legitimate reason for the census is to apportion House Representatives based upon population centers in each state of US citizens.
No
So they refused to take into account the Hofeller documents.
Sounds like trump didn't do due diligence again and was acting on knee jerk response.
If it is brought back, I see the Hofeller docs as being a part of it as the lower courts were were working to introduce it.