By Joan Biskupic, CNN legal analyst & Supreme Court biographer, Updated 1733 GMT (0133 HKT) September 12, 2019. Census count will end Oct. 15 after Supreme Court decision You can fill out your information online until 6 a.m. Friday But in Supreme Court jurisprudence, even technicalities cast long shadows. Under our current system of reapportionment based on residents rather than voters, some people’s votes count more than others. But this year calls to mind Winston Churchill’s announcement of the British victory over the Germans at El Alamein in November 1942. "Why is the bureau insisting on ending data collection in seven days? Comments Kevin Daley Supreme Court correspondent. In the census case, Chief Justice John Roberts’s majority opinion blocked the Trump administration from asking respondents in next year’s census about their citizenship. While these other decisions may not appear monumental, it is their reasoning, rather than their results, that matter. "The timing does get suspicious to say the least when the bureau, the secretary, the president are all moving forward to say of course we need this timeline," Sherry said. In Gundy, a 5–3 court found no violation of the nondelegation doctrine. As they draft and share opinions, justices sometimes change positions, subtly in ways that affect parts of the legal reasoning undergirding an opinion, or more dramatically in ways that affect the entire outcome. Follow Kevin on Twitter Send tips to email@example.com, seemed ready to allow the citizenship question, (RELATED: Supreme Court Lets Trump’s New Asylum Restrictions Take Effect). Do you own a radio? (Photo by Mark Wilson/Getty Images), That means a vote in District A is worth double the influence in picking a representative as a vote in District B. Alternatively, Congress and federal agencies could stay as they are. In the census case, Chief Justice John Roberts’s majority opinion blocked the Trump administration from asking respondents in next year’s census about … "We do not serve one party or one interest," Roberts had said at the start of the last term he tried to defuse some of the tensions from Kavanaugh's confirmation hearings. TheAtlantic.com Copyright (c) 2020 by The Atlantic Monthly Group. Well, there is a quite compelling reason to know where American citizens live: the bedrock democratic principle of one-person, one-vote. But Koh has explored the possibility of ruling the December 31 deadline unconstitutional. Then all of a sudden, they're not asking for an extension anymore.". Why Roberts voted against Trump's ... line of argument is "far outside the scope of this case" and said the judge does not have the authority to review Ross' decision or the Census … He quit because of Barr, Senate race tightening in battleground Michigan, Mayra Joli identified as 'nodding woman' at Trump town hall. The census issue remains in litigation, even as the administration struggles to designate which lawyers will represent it. To accept Ross' explanation grounded in the Voting Rights Act, the chief justice suggested in the final pages of his opinion, would essentially allow administration officials to dupe judges. Furman found that Ross had sought to add the citizenship question independent of the DOJ request, which he had solicited to back up his plan. While this problem is worse with the so-called independent agencies, such as the Federal Reserve, the Federal Communications Commission, and the Securities and Exchange Commission, whose leaders cannot be removed by the president, both they and the regular executive agencies supervised by Cabinet secretaries exercise broad legislative powers without serious review by the courts. Updated 2:32 PM ET, Wed September 23, 2020 . 47,” the “accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, … may justly be pronounced the very definition of tyranny.”. For licensing opportunities of our original content, please contact firstname.lastname@example.org. More broadly and equally concerning, the Court's census decision – written by and made possible by Roberts – serves to encourage the lower court judges who have second guessed the President's motives and policy decisions at almost every turn, issuing a slew of injunctions that discard the normal deference paid to executive actions and, at times, seeming to join the Trump Resistance. President Donald Trump might not get his census question, but conservatives who have long campaigned against the American administrative and regulatory state may receive a far greater consolation prize: The court has fired the first serious shots in decades against an administrative state run amok. Events that followed the April argument may have been damaging to Ross’s credibility at the high court. Another sign of the counterrevolution against administrative governance arose in Kisor v. Wilkie. Minutes before announcing that he voted against Republican interests in the census case, Roberts issued a separate, arguably more enduring. They urged instead that Congress delegate its powers to expert agencies, which could issue regulations without having to survive both houses of Congress and the president. Tellingly, Alito, who concurred with the four liberals and provided a fifth vote to uphold the law, nevertheless appended a one-page statement: “If a majority of this Court were willing to reconsider the approach we have taken [to nondelegation] for the past 84 years, I would support that effort.” That makes five votes to begin restoring the Constitution’s separation of powers and prevent Congress from handing off hard decisions—and the authority to make them—to the agencies. The judiciary is unlikely to see much of a change, however, because this new world probably won’t increase the quantity of litigation in federal courts. ", Finally, DOJ says judges should not "second-guess" a Cabinet secretary's choices that fall, in Roberts' words, "within the range of reasonable options.".
Roberts, Thomas, and Gorsuch voted to strike down the sex-offender law outright. At Tuesday's hearing, Melissa Sherry, the attorney for the National Urban League and other groups, said the timing for Ross' decision coincides with President Donald Trump's direction to exclude undocumented immigrants from the count used to divide seats in Congress between the states.
"We're going to Congress to get the extension. However great its impact, the case itself turned on a technical point of administrative law.
Judge Lucy Koh, who sits in California, laid out that timeline after the Trump administration indicated it planned to file an appeal on Wednesday challenging her temporary restraining order, which is currently, The National Urban League and other group, At a late Tuesday hearing, Koh signaled concern with, "Four out of 50 states reached the threshold for closing," she said, referencing the Census Bureau's latest data. Census Decision: Roberts Disappoints Conservatives Again. So, in the next round of redistricting a state very well might decide, in the name of “one-person, one-vote,” it will use eligible voters rather than residents to draw its lines.
Second, the opinion itself seems to bear out CNN’s telling of events. (Jabin Botsford/Pool/Getty Images). Roberts said there was "a significant mismatch between the decision the Secretary made and the rationale he provided. Let’s take an exaggerated example: Say there are two Congressional Districts with a million people each. One set of challengers, represented by the American Civil Liberties Union, notified the high court that day of new evidence purporting to show that a longtime Republican redistricting strategist, Thomas Hofeller, Hofeller, who died last year in North Carolina, apparently wanted a citizenship count from the census to eventually provide an electoral advantage in redistricting endeavors for, in his words, "Republicans and Non-Hispanic Whites.".
Unlike the other branches of government, the Supreme Court is highly secretive and justices and their staff rarely disclose what they talk about behind closed doors. Sex, age, things like that.
The agencies would become perpetual-motion machines of progressive lawmaking. After a trial in New York, US District Court Judge Jesse Furman ruled that Ross, among other transgressions, had violated the Administrative Procedure Act's prohibition on "arbitrary and capricious" agency choices. (Justice Samuel Alito separately dissented.).
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