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

U.S. Capitol.

A rundown of the House bills most likely to become law this week — from seafood fraud enforcement to a sanctions bill critics call a tariff bill.

Photo by Andy Feliciotti on Unsplash

Both Chambers in Session this Week

Last Minute Rush

We’re not going to describe every bill the House aims to take action on this week because there’s lots. Instead, we’re going to focus on the ones that will become law if passed by the House and pull a few notable bills at the beginning of the legislative process. We’ll use the same level of discretion at the end of this week when we review what actually happened between today, Monday Sept. 14 and Friday, Sept. 18.

Probable New Laws

In addition to the bills listed below are also a couple of park renamings. All of these will, if passed, then go to the President for signing and once that’s done, become law.

Keep ReadingShow less

Alaska Is Voting on More Than Ranked Choice Voting. It’s Voting on Who Gets to Vote

Alaska voters will once again vote on a measure to repeal its nonpartisan election system. Those fighting to preserve the system have gone to the courts to make a simple case: It’s only fair that voters know exactly what is on their ballot.

Specifically the consequences of Ballot Measure 2, which would give parties the ability to shut out 60% of Alaska voters registered as independents. This is what attorney Scott Kendall argued before the Alaska Supreme Court last week.

Keep ReadingShow less
Group of young adult students sit at desks in classroom listening to teacher

Why do Americans respond so differently to hard history lessons? A look at the three psychological mindsets driving the patriotism debate — and a path past it.

Lighthouse Films/Getty Images

“They Hate America”: Patriotism in the Face of Historical Updates

I happened upon a civil discussion blog and read a post by a man who said he was happy to report that when he attended a panel discussion about teaching patriotism in the schools, all went well. He said that’s because most of the people in the bridging organization that hosted the event are “pretty patriotic.” He clarified that by writing, “None of the type of bad actors (and there are many) who want to teach kids to hate America and Western Civilization were represented.”

Someone made a comment about why we can’t incorporate historical change into curriculum and objected to the notion that a segment of the population wants to teach kids to hate America. The man who posted cited what he believes is proof. A last commenter simply input the emoji for a sleeping person, as though the argument was boring or unimportant.

Keep ReadingShow less