The Mercury News Weekend

Two political cheating scandals in 48 hours

- By E. J. Dionne Jr. E. J. Dionne is a Washington Post columnist.

Cheating isn’t winning. We try to teach this to our children, but politics provides the opposite lesson.

Political cheating allows those who engage in it to amass far more power than they have a right to in a constituti­onal democracy. Its most sophistica­ted form isn’t ballot-box stuffing but the use of indirect means by those in authority to perpetuate themselves in office.

Within 48 hours, Americans were offered two fast courses in the politics of cheating.

Late Monday, the Trump administra­tion — against the advice of six previous Census Bureau directors, Republican­s and Democrats alike — moved to add to the 2020 census a query about a respondent’s citizenshi­p status.

And on Wednesday, the Supreme Court heard a case that turns on whether Maryland’s gerrymande­red district boundaries deprive Republican­s of fair representa­tion in Congress.

In both cases, the courts should act to defend our republican democracy. Congress could also remedy the census controvers­y. But most Republican­s are likely quite happy with the distortion­s the citizenshi­p question could introduce.

The formal census has not asked about citizenshi­p since 1950, and it’s an especially bad idea to reintroduc­e it now.

Census response rates in lower-income neighborho­ods are always a challenge, and immigrants in the country illegally worry that answering the questionna­ire could endanger their status, despite le- gal guarantees of confidenti­ality. Even legal immigrants share these worries.

Concerns have increased exponentia­lly with President Trump targeting undocument­ed immigrants.

Undercount­ing immigrants tilts representa­tion in government away from places with large immigrant population­s (often Democratic-leaning) and overrepres­ent white, rural regions and states. And it shortchang­es undercount­ed areas for federal funding.

The maneuver is all the more problemati­c because Commerce Secretary Wilbur Ross chose to include the request for informatio­n on citizenshi­p in the face of objections from career Census Bureau officials. The lateness of his decision means the citizenshi­p question will not be subjected to the bureau’s usual extensive testing for the effect of new inquiries on the accuracy of the overall count.

This is the contention of California Attorney General Xavier Becerra’s lawsuit. He said Ross’ decision was “arbitrary and capricious.” He’s right. At least 11 other states also are trying to block the move.

Gerrymande­ring is political cheating at its purest, drawing district lines to maximize your party’s representa­tion in legislativ­e bodies and minimize the number of seats your opponents can win.

Many of the state legislatur­es that drew district lines after the 2010 census were GOP-controlled, so opposing gerrymande­ring now is seen as a partisan, Democratic issue.

But it’s not. The addition of the Maryland case (where a formerly Republican district was chopped up and redistribu­ted in a way that reduced the GOP seats) to a docket that already includes a challenge to an outlandish GOP gerrymande­r in Wisconsin is a reminder that both parties can suffer from this practice.

Linking Maryland and Wisconsin could allow the Supreme Court to rule against gerrymande­ring in a thoroughly nonpartisa­n way. And the Wisconsin litigants provided an objective formula for judging when district lines are plainly unfair.

Attacks on judicial activism are a staple on the right. The increasing­ly aggressive activism of conservati­ve judges has made this a live concern on the left as well. But when elected officials use their power to make it ever harder for their opponents to win elections — exactly what’s happening with the census and gerrymande­ring — the courts have an obligation to serve as democracy’s last line of defense.

 ?? MARKWILSON — GETTY IMAGES ?? Commerce Secretary Wilbur Ross chose to include a citizenshi­p question on the 2020census despite objections from census officials.
MARKWILSON — GETTY IMAGES Commerce Secretary Wilbur Ross chose to include a citizenshi­p question on the 2020census despite objections from census officials.

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