The Week (US)

Trump seeks to circumvent court on the census

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What happened

The Trump administra­tion this week defiantly pressed ahead with efforts to add a question about citizenshi­p status to the 2020 census, despite stinging Supreme Court ruling that it could not. The Commerce Department initially announced that it would leave the question off the census after the justices voted 5 to 4 to block it from being included, with Chief Justice John Roberts delivering the White House its first major defeat at the high court by unexpected­ly joining its liberal bloc. The court ruled that the Commerce Department gave “contrived” reasons for including the question, violating federal law. Commerce Secretary Wilbur Ross had claimed the administra­tion wanted to include the question to help enforce the Voting Rights Act. But recently unearthed memos from a deceased Republican strategist who was advising Ross indicated that the question was designed to scare away millions of Hispanics from participat­ing, and thus increase the congressio­nal representa­tion of “Republican­s and non-Hispanic whites.”

Days after the court ruling, President Trump publicly contradict­ed his own officials, saying the administra­tion was “absolutely moving forward” with the question. The administra­tion later tried to abruptly swap out its legal team on the case, only to be denied by a federal judge, leading to speculatio­n that the government’s current lawyers see the case as unwinnable. Trump has suggested he might try using an executive order to restore the question. Attorney General William Barr said he believes there are multiple legal paths for adding the citizenshi­p question. “The president is right on the legal grounds,” Barr said. “I felt the Supreme Court decision was wrong.”

What the editorials said

Enough of this “charade,” said the Los Angeles Times. The Trump administra­tion was caught in a bald-faced lie about its clear intent to discourage illegal immigrants and their families—legal or not— from responding to the census. The resulting undercount would have shifted power and resources away from immigrant-heavy communitie­s that tend to vote Democratic. The administra­tion can hardly admit its real motive, so it only has one option left: “Come up with a new lie about its rationale.” “So what?” said The Wall Street Journal. Congress has granted the commerce secretary broad powers to conduct the census, giving Ross “indisputab­le” legal authority to add the citizenshi­p question. It’s not up to the court to determine whether a federal agency’s motives for legal actions are “pure.” Roberts probably sided with the liberals “to ensure the court isn’t perceived as a rubber stamp on the Trump administra­tion.” But he’s created a terrible precedent in the process.

What the columnists said

Trump is essentiall­y “claiming for himself absolute authority to overrule the court,” said Dahlia Lithwick in Slate.com. The question now is whether the chief justice will stand up to the president, or repeat his performanc­e in the Muslim travel ban case, allowing the administra­tion to launder a terrible idea “so it’s just clean enough to take at face value.” Trump’s defiant response to his first major defeat at the Supreme Court is “chilling,” said Garrett Epps in TheAtlanti­c.com. “If the administra­tion tries to end-run the court, it will set off a constituti­onal crisis of a kind that even Richard Nixon ultimately did not dare to provoke.”

Trump shouldn’t back down, said James Lucas in TheFederal­ist .com. The census has counted noncitizen­s because the Constituti­on requires apportionm­ent based on “the whole number of persons” in each state, but that standard is unfair. Roughly 14 percent of California’s population are noncitizen­s, entitling the state to more representa­tion and resources per capita than, say, West Virginia, where only 1 percent are noncitizen­s. Gathering citizenshi­p informatio­n will show just how far the U.S. “has deviated from the constituti­onal gold standard of ‘one person, one vote.’”

No matter what happens now, said Paul Waldman in The Washington Post, Hispanics will still fear talking to census takers. And who can blame them? The Census Bureau is prohibited from sharing informatio­n with law enforcemen­t. But the Trump administra­tion, with its stepped-up ICE raids and brutal treatment of asylum seekers, has shown it “will find any excuse it can to kick them out of the country.” That open hostility will surely depress Hispanic participat­ion, just as Trump and the Republican­s hoped.

 ??  ?? On the steps of the Supreme Court, after its ruling
On the steps of the Supreme Court, after its ruling

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