Skip to content
Search

Latest Stories

Follow Us:
Top Stories

How to watch the Supreme Court’s citizenship & census arguments

Imagine if Montana, Rhode Island, Delaware, Alaska, Vermont, Wyoming and both Dakotas all lost their seats in the House of Representatives. Would that be constitutional?

The Supreme Court will hear arguments Tuesday in a case that will determine if at least 6.5 million people — the combined population of those eight states — lose congressional representation (and a honeypot of federal funding for their communities) during the next decade.

That's a "conservative" estimate of the number of people who will fail to respond to the 2020 Census if it asks them to reveal whether they are citizens, the Census Bureau says.

Last spring, Commerce Secretary Wilbur Ross, whose department oversees the Census Bureau, announced his plan to ask each person their citizenship status on the next census. States, cities, counties and nonprofits sued to ban the question and won in federal district court. The Commerce Department wants the justices to reverse that decision.

The government is ready to roll the presses on more than a hundred million census forms as soon as the court rules, by June. It's the most consequential case this term in the eyes of "good government" activists, just ahead of the cases about the constitutionality of political gerrymandering.

Transcripts in Department of Commerce v. New York will be released later Tuesday, and an audio tape by the end of the week. Here are things to watch during the hour the justices spend in public discussing the case, starting at 10 a.m.


What say you Roberts, Kavanaugh and Alito?

Justices Neil Gorsuch and Clarence Thomas have no problem with Ross' decision.

"Most censuses in our history have asked about citizenship," Gorsuch wrote in dissent to the Supreme Court's decision last year permitting the lawsuit to move forward. Thomas joined in the dissent.

The court's four liberals — each of whom dissented from the conservative majority decision in Shelby County v. Holder, which effectively ended federal oversight of changes in state election laws that had protected voter discrimination since the 1960s — aren't likely to be sympathetic to Ross.

So, the ruling will likely come down to the court's other conservatives — Chief Justice John Roberts and Justices Brett Kavanaugh and Samuel Alito. Last June, Roberts and Alito upheld the Trump administration's controversial travel ban, citing the president's legal authority to restrict entry into the United States. The Commerce Department has broad discretion to tinker with census wording. Will these justices again defer to the prerogatives of the executive branch?

Will anyone acknowledge the obvious? This is all about politics.

Who supports the citizenship question? The Republican Party.

If you believe this is all politically motivated and you want a smoking gun, here it is: The Republican National Committee and the National Republican Congressional Committee filed a joint brief in support of Ross' decision.

The RNC and NRCC are two of the party's three main fundraising arms tasked with electing Republicans to Congress. The NRCC raises money specifically for House candidates.

The Constitution mandates a census every 10 years, and those population counts are used to allocate House seats as well as billions in federal funds among the states.

If the Census Bureau is correct, states and communities with a significant number of Hispanic voters will lose congressional representation if the citizenship question is asked. That would be good news for the Republican Party, which lost its House majority in November in part to an ever-increasing Latino vote.

Hispanics constitute the fastest-growing minority voting group, and nearly 70 percent of Latinos voted for Democratic candidates in 2018 congressional races, according to the Pew Research Center.

It's worth noting the GOP's other major fundraising arm — the National Republican Senatorial Committee, which raises money for Senate candidates — didn't bother to cosign the brief. After all, each state gets two senators regardless of the inaccuracy of census data.


Read More

Virginia Gov. Abigail Spanberger delivers the Democratic response to U.S. President Donald Trump's State of the Union address on February 24, 2026 in Williamsburg, Virginia.

Virginia Gov. Abigail Spanberger delivers the Democratic response to U.S. President Donald Trump's State of the Union address on February 24, 2026 in Williamsburg, Virginia.

Getty Images, Mike Kropf

Three Questions Linger After State of the Union Speech

Anyone tuning into the State of the Union expecting responsible governance was sorely disappointed. What they got instead was pure Trumpian spectacle.

All the familiar elements were there: extended applause lines, culture-war provocation, even self-congratulation, praising the U.S. hockey team and folding its victory into a broader narrative of national resurgence. The whole thing was show business, crafted for reaction rather than reflection, for clips rather than consensus.

Keep ReadingShow less
Two individuals Skiing in the Milano Cortina 2026 Winter Paralympic Games.

Oksana Masters of Team United States celebrates after winning gold in the Para Cross Country Skiing Sprint Sitting Final on day four of the Milano Cortina 2026 Winter Paralympic Games at Tesero Cross-Country Skiing Stadium on March 10, 2026 in Val di Fiemme, Italy.

Getty Images, Buda Mendes

The Paralympics Challenge Everything We Think We Know About Sports

If you’re a sports fan, you likely watched coverage of the 2026 Winter Olympics in Milano Cortina. But will you watch the Paralympics when approximately 665 athletes are expected in Italy to compete in the Para sports of alpine skiing, biathlon, cross-country skiing, ice hockey, snowboarding, and wheelchair curling?

The Paralympics, so-called because they are “parallel” to the Olympics, stand alone as the globe’s premier sporting event for elite athletes with disabilities. According to the International Paralympic Committee, 4,400 disabled athletes competed in the 2024 Paris Summer Games in track and field, swimming, and twenty other sports.

Keep ReadingShow less
U.S. Capitol.

Could Trump declare a national emergency to control voting in the 2026 midterms? An analysis of emergency powers, election law, and Congress’s role in protecting democracy.

Photo by Andy Feliciotti on Unsplash

To Save Democracy, Congress Must Curtail the President’s Emergency Powers

On February 26, the Washington Post reported that allies of President Trump are urging him to declare a national emergency so that he can issue rules and regulations concerning voting in the 2026 election. The alleged emergency arises from the threat of foreign interference in our electoral process.

That threat is based on now fully debunked reports that China manipulated registration and voting in 2020. The National Intelligence Council explained that there were “no indications that any foreign actor attempted to alter any technical aspect of the voting process in the 2020 US elections, including voter registration, casting ballots, vote tabulation, or reporting results.”

Keep ReadingShow less
Elite Insulation and the Fragility of Equal Access

A protest group called "Hot Mess" hold up signs of Jeffrey Epstein in front of the Federal courthouse on July 8, 2019 in New York City.

(Photo by Stephanie Keith/Getty Images)

Elite Insulation and the Fragility of Equal Access

In America: What We Want, What We Have, What We Need, I argued that despite partisan division, Americans share core expectations. They want upward mobility that feels real. They want elections that are credible. They want markets where new entrants can compete. They want rules that bind concentrated wealth. They want stability without stagnation.

The Epstein case directly tests those expectations.

Keep ReadingShow less