The Supreme Court, Census Citizenship Question, and Voter Suppression
This last post in a series of posts on the census divides into two parts. This post, Part A, focuses on the key points made by the majority and minority opinions on the census and citizenship question. The excerpts from the Court’s opinions provide the basis for the next, part B. Part B examines the contexts of the Constitution’s Enumeration Clause opinions and the Administrative Procedure Act opinions of the justices. It ends with commentary on these two issues, connecting them to voter suppression. Voter suppression is the main theme running through this series of posts on the census.
Part A
The Supreme Court’s decision on the 2020 Census illustrates the deep and partisan divide on the Court.… Read the rest
Supreme Court and the 2020 census citizenship question – Part B-1
t B-1
Part B-1 of this post discusses one of two key decision points in the Supreme Court’s decision on the citizenship question in the 2020 census, the Constitution’s Enumeration clause. Part B-2 will cover the second decision point, the Administrative Procedure Act. Part A covered the Court’s opinions on both these points.
Enumeration Clause
The history of the census – citizenship nexus
My lay opinion says that the New York District Court and the Supreme Court probably erred in finding that the Enumeration Clause was not relevant to the 2020 Census citizenship question issue. As highlighted below, I say this for two reasons.… Read the rest
The Supreme Court and the 2020 Census Citizenship Question: Part B-2
This final post in the series on the census analyzes the Court’s opinion regarding the capricious and arbitrary standard of the Administrative Procedure Act. It also discusses the possible real rationale behind the administration’s attempt to add a citizenship question to the 2020 census.
The Administrative Procedure Act
The Administrative Procedure Act established procedures for federal agency formal and informal rulemaking. The Act defines a rule expansively to include any “agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency.” The history of the act suggests that matters of great significance should be accorded more elaborate public procedures.… Read the rest
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