Trump Administration Attempt To Add Citizenship Question To 2020 Census Thrown Out By District Court
What’s interesting about Judge Jesse Furman’s ruling is his decision was not entirely based on whether the administration adding the question is legit or not. Instead, it centers on a range of “arbitrary and capricious” behavior, perhaps most significantly finding that Trump’s people — most specifically Commerce Secretary Wilbur Ross — lied about why he wanted to add the question.
The Obama-appointed judge writing:
“Secretary Ross’s first version of events, set forth in the initial administrative record, the Ross memo, and his congressional testimony, was materially inaccurate.”
In other words, Ross lied at every turn.
Now it’ll be up to the Supreme Court if the ruling stands, which means it’ll likely be up to Chief Justice John Roberts, who’s emerged as the swing vote on the court in the absence of the retired Justice Anthony Kennedy.
Since the Constitution (Article 1, Section 2), mandates a count of “the whole Number of free Persons”, not of citizens, some Constitutional scholars, and Democrats argue adding the citizenship question will lead to underrepresentation of minority groups, particularly in urban areas, who may be reluctant to answer if they or family members are undocumented. That, in turn, could lead to the loss of House seats in what are typically heavily blue districts.