Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Supreme Court blocks citizenship question, at least for now

Supreme Court blocks citizenship question, at least for now

Chief Justice John Roberts (center) joined with the courts liberal members in the decision.

Chip Somodevilla/Getty Images North America

Census forms asking a citizenship question may not be printed yet, the Supreme Court decided Thursday, because new evidence about the Trump administration's rationale for the query must be considered first.

The ruling put into limbo one of the most politically consequential legal battles in recent years, and called into question whether the dispute would be settled in time for the regularly scheduled nationwide headcount in 2020. The Commerce Department has asked the justices to settle the case in time to roll the presses on millions of census forms next week, which now seems almost impossible. Other government officials, though, have said all the preparations could get done on time even if the citizenship question's fate continues to be hashed out in the courts until the end of September.

For advocates of a better-functioning democracy, the census case is enormously important for two reasons.


They fear that asking about citizenship could result in such a significant undercount, especially in Latino communities where people fear that honest answers would mean their deportation, that the partisan balance of power in Congress and several big states' legislatures could be contorted for a decade.

And they worry that permitting the executive branch broad leeway to ask whatever questions it wants, without a rock-ribbed rationale, tips the balance too far in the president's favor.

The court says the administration's explanation for wanting to add the question was "more of a distraction" than an explanation.

The opinion by Chief Justice John Roberts, who joined the four liberals in deciding to kick the case back to the lower courts, included a serious note of skepticism about the administration's motive.

"We cannot ignore the disconnect between the decision made and the explanation given," Roberts wrote, referencing Commerce Secretary Wilbur Ross' stated objective of getting better data to enforce the Voting Rights Act. "If judicial review is to be more than an empty ritual, it must demand something better than the explanation offered for the action taken in this case."

It had appeared, from the oral arguments, that the court's five-member conservative bloc was ready to allow the question – until the files of a deceased Republican strategist, Thomas Hofeller, emerged last month. They laid bare details about the genesis of the question, suggesting the motive was in fact to produce an undercount that would benefit Republicans in the nationwide round of mapmaking that happens with the results of every census.

Judges in three federal lawsuits opposing the question have said the Voting Rights Act rationale doesn't stand up to serious scrutiny and was designed to conceal a different and more partisan motive.

The Trump administration not only wants an undercount to tip more districts Republican, the plaintiffs in the several lawsuits say, but also wants to count noncitizens so that they can someday be excluded from the population counts used for drawing political maps.

Read More

Federal employees sound off
Government shutdown
wildpixel/Getty Images

Fulcrum Roundtable: Government Shutdown

Welcome to the Fulcrum Roundtable.

The program offers insights and discussions about some of the most talked-about topics from the previous month, featuring Fulcrum’s collaborators.

Keep Reading Show less
Crowd waving flags
Crowd waving flags
(Mark Wilson/Getty Images)

For the People, By the People

Democracy was once America’s proudest legacy — the last best hope on earth, a torch that lit the path for nations worldwide. Today, dysfunction grips all three branches of government: Congress abandons its duty to the people, the President exploits power for retribution, and the Supreme Court fails to enforce accountability. This betrayal of trust places our republic at risk. Americans must reclaim democracy from dysfunction and abuse of power.

The United States is both a participatory democracy — by the people, for the people — and a constitutional republic. Power lies with the people, and elected officials are entrusted to serve them. The President enforces the laws, Congress checks executive power, and the Supreme Court interprets the Constitution. These checks and balances are designed to prevent abuse of power, yet Congress and the Court have abandoned their duty (U.S. Constitution).

Keep Reading Show less
The Health Care Debate & Feldstein’s Fix
black and gray stethoscope

The Health Care Debate & Feldstein’s Fix

Serving in Congress during the implementation of President Barack Obama’s Affordable Care Act, Republicans embraced the position of “repeal and replace.” Repeal the ACA, but replace it with what? The debate is front-and-center again, though the ground has shifted some. There is more support for the ACA. Even some Republicans are looking to temporarily extend COVID-era subsidies for ACA health plans. Other Republicans want Health Savings Accounts, so more money goes to individuals instead of insurance companies. Democratic leadership seeks an approach temporarily extending the expanded premium subsidies, during which the entire approach to health care can be rethought.

The late economist Martin Feldstein had the fix: Martin Feldstein proposed a voucher system in which everyone could purchase a health insurance plan covering health care expenses exceeding 15% of their income. This could be combined with HSAs if they prove popular with the public.

Keep Reading Show less
ENDING THE VICIOUS CYCLE OF NON-GOVERNING
people holding a signage during daytime
Photo by Liam Edwards on Unsplash

ENDING THE VICIOUS CYCLE OF NON-GOVERNING

“We the People” know our government is not working. For decades, Americans have said they want leaders who work together, confront problems honestly, and make decisions that push the country forward. Yet the officials we send to Washington keep repeating the same self-defeating patterns—polarization, gridlock, shutdowns, and an almost complete inability to address the nation’s biggest challenges.

The result is a governing culture that cannot resolve problems, allowing them instead to grow, intensify, and metastasize. Issues don’t disappear when ignored—they become harder, more expensive, and more politically explosive to solve.

Keep Reading Show less