USA TODAY International Edition

Justices block citizenshi­p query from census

- Richard Wolf

WASHINGTON – The Supreme Court temporaril­y blocked the Trump administra­tion’s plan to add a citizenshi­p question to the 2020 census Thursday, giving opponents new hope of defeating it.

The ruling by Chief Justice John Roberts questioned the rationale for the administra­tion’s effort, just as challengin­g states and immigrant rights groups have done.

“The evidence tells a story that does not match the explanatio­n (Commerce Secretary Wilbur Ross) gave for his decision,” Roberts wrote. “The sole stated reason seems to have been contrived.”

In a complex decision with several dissents and concurrenc­es, the court’s four liberal justices said they would have struck down the citizenshi­p question outright, while the court’s four other conservati­ve justices said it should have been upheld.

The court’s decision doesn’t end the dispute. A separate challenge to the administra­tion’s motive for asking the citizenshi­p question remains alive in another federal district court. That inquiry could drag on for much of the summer, jeopardizi­ng the timetable for printing the census questionna­ire.

Justice Department spokespers­on Kelly Laco expressed disappoint­ment over the ruling but said the agency “will continue to defend this administra­tion’s lawful exercises of executive power.”

President Donald Trump tweeted while traveling in Japan, calling it “totally ridiculous that our government ... cannot ask a basic question of citizenshi­p” and urging that the census be delayed until the Supreme Court can be given new informatio­n.

“Given how many times they represente­d that they need to start printing the forms next week, I think it would be the height of hypocrisy for the administra­tion to try and get more time now,” said Dale Ho, director of the American Civil Liberties Union’s voting rights project.

The challenge to the Commerce Department’s plan was the most controvers­ial case on the high court’s docket, affecting 22 million noncitizen­s and ultimately the allocation of seats in the House of Representa­tives and about $650 billion in federal funds.

Opponents contended that adding the question was an effort to scare noncitizen­s into avoiding the census. That in turn would require expanding largely Democratic congressio­nal districts, potentiall­y reducing their overall number. It could cost California, Texas, Florida, New York, Illinois and Arizona seats in Congress.

Commerce Secretary Ross directed the Census Bureau to add the question last year based on the Justice Department’s request. He said the “need for accurate citizenshi­p data and the limited burden that the reinstatem­ent of the citizenshi­p question would impose outweigh fears about a potentiall­y lower response rate.”

Three federal district judges separately agreed that Ross’ reasons were inadequate under federal law. They noted that he had consulted with White House chief strategist Steve Bannon and Kansas Secretary of State Kris Kobach, opponents of liberal immigratio­n policies. Only later did the Justice Department ask that the question be added.

Though it had appeared during oral argument that all the court’s conservati­ve justices were on the administra­tion’s side, Roberts proved the deciding vote. The evidence, he said, “showed that the secretary was determined to reinstate a citizenshi­p question from the time he entered office.”

“We do not hold that the agency decision here was substantiv­ely invalid,” Roberts noted. “But agencies must pursue their goals reasonably. Reasoned decisionma­king under the Administra­tive Procedure Act calls for an explanatio­n for agency action. What was provided here was more of a distractio­n.”

Associate Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh dissented.

“The court’s erroneous decision in this case is bad enough, as it unjustifiably interferes with the 2020 census,” Thomas wrote. “But the implicatio­ns of today’s decision are broader. With today’s decision, the court has opened a Pandora’s box of pretext-based challenges in administra­tive law.”

“To put the point bluntly,” Alito added, “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.”

The court’s four liberal justices cited the bureau’s estimates that the question would reduce response rates among households with noncitizen­s by more than 5%.

 ?? MARK WILSON/GETTY IMAGES ?? People await the Supreme Court’s ruling on the census citizenshi­p question Thursday.
MARK WILSON/GETTY IMAGES People await the Supreme Court’s ruling on the census citizenshi­p question Thursday.

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