The Mercury News Weekend

Supreme Court rulings block census citizenshi­p question, give green light to partisan gerrymande­ring.

- By Robert Barnes and Ann E. Marimow

WASHINGTON » The Supreme Court on Thursday put on hold the Trump administra­tion’s plan to add a citizenshi­p question to the 2020 Census form sent to every household, saying it had provided a “contrived” reason for wanting the informatio­n.

Chief Justice John Roberts wrote the splintered opinion. In a section agreed with by the court’s liberals, he said the Commerce Department must provide a clearer explanatio­n.

Agencies must offer “genuine justificat­ions for important decisions, reasons that can be scrutinize­d by courts and the interested public,” Roberts wrote. “Accepting contrived reasons would defeat the purpose of the enterprise. If judicial review is to be more than an empty ritual, it must demand something better than the explanatio­n offered for the action taken in this case.”

Roberts said a district judge was right to send the issue back to the Commerce Department for a better explanatio­n.

Whether there would be time for the department to come up with such an explanatio­n and get judicial approval is unclear. The administra­tion has said a decision was needed by the end of June to add such a question; other officials have said there is a fall deadline.

After Thursday’s ruling was announced, President Donald Trump tweeted that he has inquired with “the lawyers” whether the census may be delayed until the Supreme Court receives the necessary informatio­n to make a “final and decisive decision” on the matter.

“Can anyone really believe that as a great Country, we are not able the ask whether or not someone is a Citizen,” Trump’s tweet says. “Only in America!”

Those who challenged the citizenshi­p question have said its addition to the form would result in an undercount of millions of people who fear acknowledg­ing that a noncitizen is part of their household.

Roberts’ bottom line — that a lower court was right to say Commerce Seretary Wilbur Ross had not provided an adequate explanatio­n for adding the question — was joined by liberal Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan.

In dissent, Justice Clarence Thomas said the Trump administra­tion’s inclusion of a citizenshi­p question was well within the federal agency’s discretion. The court, he wrote, had oversteppe­d its role by digging into the rationale for the decision with “suspicion and distrust.”

“For the first time ever, the court invalidate­s an agency action solely because it questions the sincerity of the agency’s otherwise adequate rationale,” wrote Thomas, who was joined by fellow conservati­ves Neil Gorsuch and Brett Kavanaugh.

Justice Samuel Alito added, “To put the point bluntly, the Federal Judiciary has no authority to stick its nose into the question of 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.”

Groups who had opposed adding the question were pleased but cautious.

“On the census, the Trump administra­tion’s lies went so far that even this Supreme Court had to say no,” said Michael Waldman, president of the liberal Brennan Center for Justice. “If this leads to a result with no citizenshi­p question, that would be a very welcome outcome, and it would also preserve the status quo. This should have been an easy case, and in the end, it was.”

A string of lower- court judges found that Ross violated federal law and regulation­s in attempting to include the question on the census.

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