DOJ Asks SCOTUS To Decide If Census Citizenship Question Is Constitutional [View all]
Source: Talking Points Memo
By Tierney Sneed
March 11, 2019 1:32 pm
The Justice Department is asking the Supreme Court to consider whether adding a citizenship question to the 2020 census violates the Constitution’s Enumerations Clause.
The request Monday came in the form of a letter to the Supreme Court from Solicitor General Noel Francisco asking the court to take up the constitutional issue in an appeal of a New York case that already pending before the court. The move comes after a federal judge in California in a different case ruled that the citizenship question is unconstitutional.
“In light of that finding,” Francisco wrote, referring to the California decision, “only if the Court addresses respondents’ Enumeration Clause claim can its decision definitively resolve whether the Secretary may reinstate a question about citizenship to the 2020 decennial census. ”
The Supreme Court will hear oral arguments in the New York census citizenship question case next month. In that case, a federal judge in Manhattan ruled that how the Trump administration went about adding the question violated the Administrative Procedure Act. The New York judge’s decision left open the possibility that the question could be included on the census if the administration found a way to add it that was in compliance with the administrative law.
Read more: https://talkingpointsmemo.com/muckraker/doj-california-census-francisco-scotus-letter
Maybe the "guy" and his team should reread the Constitution......
https://www.census.gov/history/pdf/Article_1_Section_2.pdf
https://www.law.cornell.edu/constitution-conan/article-1/section-2/clause-3/the-census-requirement
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