Ridiculous – Supreme Court Punts on Census Citizenship Question – Sending Issue Back to Commerce Dept….

The legacy of Supreme Court Chief Justice John Roberts is a legacy of abject shame. Today the Supreme Court ruled 5-4 to send the issue of a citizenship question on the 2020 Census back to the Commerce Department.   The justices did not decide the question was unconstitutional, quite the opposite, they indicated the question was entirely up to the Dept. of Commerce, but disputed the motive behind the Commerce dept. position.

The court holds that addition of question about citizenship to 2020 census does not violate Constitution’s enumerations clause or the Census Act, but that district court was warranted in remanding case to Department of Commerce to provide a non-pretextual explanation for adding the question.

The majority of the Court, with Roberts concurring, punted the issue back to Commerce by noting esoteric concerns about the motives behind the administrative procedure for adding the question.  In essence, Secretary Wilbur Ross can add the question, but his current motive for adding the question was rebuked.  Yes, this is ridiculous.  Hence, the punt.

Here’s the SCOTUS Ruling:

.

Amy Howe has a good summation – FULL HERE:

“The evidence showed,” Roberts wrote, that Ross “was determined to reinstate a citizenship question from the time he entered office; instructed his staff to make it happen; waited while Commerce officials explored whether another agency would request census-based citizenship data; subsequently contacted the Attorney General himself to ask if DOJ would make the request; and adopted the Voting Rights Act rationale late in the process.”

Roberts acknowledged that courts should be “deferential” when reviewing an agency’s action, but he countered – citing Judge Henry Friendly, for whom he clerked on the U.S. Court of Appeals for the 2nd Circuit – that “we are not required to exhibit a naiveté from which ordinary citizens are free.” And here, when “the evidence tells a story that does not match the explanation the Secretary gave for his decision,” judicial review calls for “something better than the explanation offered for the action taken in this case.” “In these unusual circumstances,” Roberts concluded, the district court was therefore correct to send the case back to the Department of Commerce for it to provide a better explanation. (read more)

President Trump responded with a few tweets, noting how ridiculous the ruling was – And Trump is entirely correct:

Common sense would tell you, if there’s no constitutional issue with adding the citizenship question to the 2020 Census, then the issue of the Commerce Department motive behind the question is moot.   It is constitutionally permissible to ask the question, meaning it is legal, and therefore FULL STOP.

Commerce Secretary Wilbur Ross can have any motive for adding the question, the court only disagreed with the context of the current motive saying there was a disconnect in the commerce department reasoning.

To me it looks like Chief Justice Roberts wanted to split the baby:  yes, the question is constitutional and therefore legally permissible; however, the court will block the actual implementation by running out the clock based on a repudiation of irrelevant motive.

As to why Justice Roberts is a manipulative political weasel within the High Court, consider this:

In the Obamacare decision Roberts dismissed the motive issue where the government claimed the originating legislation for the healthcare mandate was a “Fee” not a tax; and Roberts manufactured the mandate argument into a “Tax” to support the mandate. In essence Roberts completely ignored the motive of the government lying about the architecture of the Obamacare payment mechanism in order for the court to support the unconstitutional mandate.

In Obamacare, the government motive was irrelevant to Roberts, so long as his court could re-write the architecture (an unconstitutional  ‘fee’ became a constitutional ‘tax’) to grant constitutionality for the unconstitutional foundation of Obamacare.

However, in the Census citizenship question… government motives are now, apparently, everything that matters.  In a reverse of his prior Obamacare logic, Roberts is using the motive of the government to thwart a completely constitutional administrative procedure.

See the weasel?

In the previous case Roberts ignored motive so that the court could turn an unconstitutional law into a constitutional court decision. In this case Roberts demands motive to turn a constitutional regulation into a court decision to block implementation.

I’ll bet this jerk is a member of Lawfare.

This entry was posted in 1st Amendment, 4th Amendment, Big Government, Big Stupid Government, Cultural Marxism, Decepticons, Deep State, Illegal Aliens, Legislation, media bias, Political correctness/cultural marxism, President Trump, Professional Idiots, propaganda, Uncategorized. Bookmark the permalink.

313 Responses to Ridiculous – Supreme Court Punts on Census Citizenship Question – Sending Issue Back to Commerce Dept….

  1. EggsX1 says:

    So the court ruling is if we don’t like your reason for doing something, no matter how constitutional, we can stop it.

    This is a call out to all conservative judges – for any future democrat president please declare everything unconstitutional until they give a justifiable ‘reason’ why they are doing it (and never accept their reason). We now have precedent.

    Liked by 3 people

  2. Esther says:

    Glad that conservatives and patriots are finally getting their eyes opened regarding how corrupt the judiciary really is, and unfortunately this does not exclude Kavenaugh and Gorsich. Like every other person highly recommended to Trump these two are right in the mix. No longer can people hide their head in the sand regarding the corruption of the judiciary right up to the very top. John Roberts is the Kenyan Obummer’s right hand man, and at least 4./5th’s of the judiciary are wingmen for the former occupant of the WH. The playbook is simple – OKenyan has corrupted the lower courts and weaponized a significant portion of judges. He also set up certain circuits to be ready to lend him a hand to thwart Trump and slow down his agenda. He’s had the FISC judges under this thumb for just over a decade, and right at the top along with the two female plants he appointed to help the old witch Ginsberg, he’s got the Bush appointed chief Justice in his pocket.

    Game plan, the UniParty runs down the clock doing much of nothing, waiting for the next election, while they siphon power away from the Executive branch and the President to give Supremacy to the judicial branch over this President. When almost everything Trump’s administration does is punted to the courts for scrutiny and long purposeful delays, there is a transfer of power to the courts. Its no longer elected lawmakers directing legislation, but the courts.

    If Trump chooses another justice from that 2016 list ( to which he is no longer obligated) it will be GAME OVER!!!

    Like

    • railer says:

      Trump’s 2016 list is mostly fine. Gorsuch was on it and is solid. Kavanaugh was added by McConnell long after Trump’s list was issued. The Swamp got to Trump, and he was forced to accept McConnell’s choice of another Bushie.

      I agree with almost everything Gorsuch has done. He isn’t a problem. Kavanaugh and Roberts are a problem.

      Like

  3. Pokey says:

    Chief Justice Roberts is a George W Bush appointee. That is to say, aligned from head to toe with the Globalist/Crony Capitalist Cabal. I am sure you could find his actual reasoning by finding out about his investment portfolio. You can’t legally do that and for a very good reason. But I would say that like Bush, Romney, Biden, Schumer, Pelosi, Ryan and many others, Justice Roberts is protecting his financial interests that depend on reducing the whole world to a single marketplace. That would include the Chamber of Commerce, Amazon, Google, Facebook, Koch Enterprises and all the rest of the Cronies that are too numerous to name. Roberts is a tool and not much of a Constitutional scholar. The swamp is very large, indeed. The People’s Government is fubar.

    Liked by 2 people

  4. Art says:

    The supreme Court started the bankruptcy of our country when they ruled in June 1982, when they issued the Plyler v. Doe, a landmark decision holding that states cannot constitutionally deny students a free public education on account of their immigration status.

    Liked by 2 people

  5. bessie2003 says:

    The thing that gets me in this matter is a comment in some of the various news articles that the side that is claiming the question for the census is based on a political agenda – comes from documents recovered by an estranged daughter of a man who passed away a year before the question was incorporated into the census formula.

    Has the validity of those documents even been determined? Were they in the form of draft ideas? Was she estranged because of political bias, i.e. TDS, perhaps?

    It’s that ‘estranged daughter’ thing, an angry child, knowing her father is not there to clear up the issue, now finding a way to get back at her dead father? Using documents she ‘recovered’? A year after he passed away?

    That the Supreme Court’s head justice, Roberts, would let this charade go on for another day sure adds to the idea he himself is part of Lawfare,

    Like

  6. Payday. says:

    Despite all their histrionics, the left has an out of the closet 5-4 majority, where once it appeared, at least, that Kennedy was a swing vote.

    Liked by 1 person

  7. Folks, Bushy-Bushy ’43 Chief Justice appointee JOHN GLOVER ROBERTS, JR. is a LIBERAL-PROGRESSIVE-ACTIVIST-JUDGE and should be Impeached.
    ~Article 5 of the Constitution aka. “Convention of States” really needs to be implemented so MORONS like Roberts can be removed from Office.~
    http://constitutionus.com/

    Liked by 1 person

    • Jim Raclawski says:

      CONVENTION OF STATES …. contact your state chapter… offer your services…. it feels great to finally engage the rascals….
      semper fi ….

      Like

  8. cdor1 says:

    I don’t understand what can be so shadowy about the motive behind asking if a person is a citizen of the USA on the census form. Does the counting of people in the census establish Congressional districts, among other things? Don’t we need to prevent the counting of non citizens from skewing the numbers? Why is it deemed some type of subversive activity to ask this question? Perhaps the left is the one being shadowy. They don’t want the people of our country to know how many illegals actually reside here. The number, 11 million, is often brandied about. Would it change people’s attitudes if they found out the number was much larger than that, maybe 30 million?

    Like

    • JPinBalt says:

      According to the US Contitution, apportment of seats in House is based on “population” of a state based on decennial Census. This is not based on US citizenship. It includes, US Citizens, legal alliens, and illegal people living there. Most people do not know this. If 30 milion people illegally enter California week of Census, California’s seat in House would double. This is why the citizenship question is so hot politically, legally the illegal immigrants are 100% counted for apportment being part of population, but citizenship q could defer people from filling out form thinking could be deported. We really need a Constitutional Amendment to count just US citizens instead of population. To people who did not know this, fell free to go double check and verify. I am guessing 95% Americans do not know this Constitutional law fact.

      Like

  9. trapper says:

    Remember, the fault line is now globalist/nationalist, NOT liberal/conservative.

    Continuing to analyze Roberts’ decisions to find conservative or liberal underpinnings is a snipe hunt, one that Roberts deliberately sends everyone on to conceal his carefully guarded intentions. Dumb he’s not.

    Roberts is a globalist, and views himself with Obama as being on “the right side of history.”. As such, he will not issue important decisions that would support what he views as the obsolete concepts of nation states, borders, or citizenship. He will tease with apparently “conservative” constitutionalist analyses, but will then twist his logic into pretzels in order to advance his globalist agenda.

    View him this way and it all falls into place.

    Like

  10. Jim Raclawski says:

    my what twisted brain work we see on display….. here, I was thinking the friggin principal objective of the census was proportional assignment of house representatives….. that way CITIZENS get proper representation in congress…. well that was just stupid of me I guess…

    Liked by 1 person

  11. cdquarles says:

    See this: https://www.americanthinker.com/articles/2019/07/roll_tide_alabama_versus_the_census.html. I am not sure what will happen to this case, which was filed in 2018, I think. Still, please read the article and follow the court filing within it.

    Like

    • Lester Smith says:

      Mr Roberts needs to sail away and let a real justice take his place. A wolf in sheep’s clothing. This guy’s been an advocate of injustice since way back when. When historians lock back they will rate this time in America as a lost society.
      . Will the country recover to follow the true ideals of our founding fathers. Or look at this time as America’s failure to right the ship and sink into sea of greed and corruption. It’s hard for patriotic Americans to have a public voice. Patriotic Americans are being systematically silenced by fear of retubution. When citizens are beaten, spite on, doxed and shamed and harrased into silence. We are no longer free but rather we are terrified mice.

      We have returned to a more primal hour. Antifa the dems left crazies and power hungry politicians the media and police that look the other way and allow innocent Americans to be beaten into submission.

      Many may get mad at me, but antifa, BLM and brotherhood and others are the Dems militant arm their brown shirt strong arms . If we don’t want history to repeat we better realize this not going to pass but rather we need to look at this as a precursor to a take over.

      This is a war of confrontation, not just differences of ideals and views. It is a war of follow us or pay the price. Either given in and give up or be brutaly silenced. Look at our world and decide is being harrased being beaten having our boarders invaded to bring Democrat recruited salve voters a real democracy? No it isn’t its an elemination of the opposition. It’s not just controlling the naritive but silencing and eleminating of our freedoms. You don’t have to fear other countries. The fear is hear and it’s home grown. It’s up to us to fight back or to watch our country be destroyed from the cancer that is spreading fast. Are we afraid to confront this cancer are we in denial.

      This is the 4th of July and people are burning the flag of freedom. The flag that represents the ideas of freedom and in fact which is the reason these fools use to justify and silence our freedoms. President Trump is only one man but we are the masses. I fear for my grandchildren could be harmed by these idiots for speaking their minds. This isn’t the America we deserve or want.

      . I

      Like

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