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Can someone give me cliff notes on Census ruling? What argument was "a lie"?

Posted on 6/27/19 at 5:57 pm
Posted by WorkinDawg
Atlanta
Member since Sep 2012
9341 posts
Posted on 6/27/19 at 5:57 pm
How was it determined to be a lie?

Can't make sense of it. Anyone with enough sense to make it to work could come up with a good answer as to "why". Hell, we're being over-run by 3rd world Hispanics. It's the #1 concern of US citizens. How could you possibly blow the "why"??
Posted by Walter Kovacs
The End Is Nigh
Member since Jun 2019
175 posts
Posted on 6/27/19 at 6:05 pm to
Wow I just realized they ruled against the citizenship question. Terrible ruling.
Posted by keakar
Member since Jan 2017
30024 posts
Posted on 6/27/19 at 6:10 pm to
something about the question is valid and should be included only if they can determine the true intent behind why they want to ask the question

so once again, forget the constitution and the law you just cited clearly says the question is valid and should be on the census, lets rule against it because maybe its being asked for the wrong reasons

just like with the travel ban it depends on the "feels" behind it if its giving us a reason to ignore clear letter law or not and say orange man bad
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
67926 posts
Posted on 6/27/19 at 6:13 pm to
pretty much

It's OK to ask the question as long as the court is OK with the reason you asked it.

So, they said go back to the lower court and explain your reasoning behind the question.
Posted by Indefatigable
Member since Jan 2019
26332 posts
Posted on 6/27/19 at 6:13 pm to
quote:

Wow I just realized they ruled against the citizenship question. Terrible ruling.


No, they didn’t. Not at all. Read the opinion people, Jesus.

Commerce didn’t adequately provide an acceptable justification for the change. Roberts’ opinion outright tells the government that to include the question all Commerce has to do is go back to the District court and provide a better reason for including the question.


The ‘voting rights act compliance’ mantra was always stupid
Posted by Indefatigable
Member since Jan 2019
26332 posts
Posted on 6/27/19 at 6:14 pm to
quote:

It's OK to ask the question as long as the court is OK with the reason you asked it.


Wrong. The Court doesn’t have to like it, but it has to be reasonable.
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
67926 posts
Posted on 6/27/19 at 6:15 pm to
quote:

but it has to be reasonable.


a/k/a they have to be Ok with it
Posted by WorkinDawg
Atlanta
Member since Sep 2012
9341 posts
Posted on 6/27/19 at 6:16 pm to
Frickalmighty- there is nothing more basic than the US Census. Knowing if the person taking the census is legal or illegal (thus should count for House seats, etc.) is pretty dam important. We've tied ourselves in knots and can't get anything meaningful accomplished. How is this even debatable???
Posted by Indefatigable
Member since Jan 2019
26332 posts
Posted on 6/27/19 at 6:19 pm to
quote:

a/k/a they have to be Ok with it


You mean they have to Agree with it? No, not at all.

If you mean “being OK” with it to mean “satisfied that it is legally sufficient” then yea, I guess.


There is jurisprudence on agency decisions. SCOTUS didn’t pull this opinion out of nowhere. Requiring a reasonable justification for executive agency policy changes is not bad case law.

It’s inconvenient for this administration at this particular time because of the time constraints related to prepping for the census. However, down the road this opinion works HEAVILY in this administration’s and the executive branches favor.

Roberts essentially said all you have to do is provide anything at all that is actually reasonable, then an agency can do wtf it wants.

The voting rights act justification was ridiculous from the jump. It never made sense, and I support the questions inclusion.
This post was edited on 6/27/19 at 6:21 pm
Posted by MFn GIMP
Member since Feb 2011
19347 posts
Posted on 6/27/19 at 6:22 pm to
quote:


There is jurisprudence on agency decisions. SCOTUS didn’t pull this opinion out of nowhere. Requiring a reasonable justification for executive agency policy changes is not bad case law.


According to Justice Thomas you are wrong.

From the Thomas dissent:

quote:

The Court, however, goes further. For the first time ever, the Court invalidates an agency action solely because it questions the sincerity of the agency’s otherwise adequate rationale. Echoing the din of suspicion and distrust that seems to typify modern discourse, the Court declares the Secretary’s memorandum “pretextual” because, “viewing the evidence as a whole,” his explanation that including a citizenship question on the census would help enforce the Voting Rights Act (VRA) “seems to have been contrived.” Ante, at 23, 26, 28. The Court does not hold
that the Secretary merely had additional, unstated reasons for reinstating the citizenship question. Rather, it holds that the Secretary’s stated rationale did not factor at all into his decision....

Unable to identify any legal problem with the Secretary’s reasoning, the Court imputes one by concluding that he must not be telling the truth. The Court therefore upholds the decision of the District Court which, in turn, was transparently based on the application of an administration-
specific standard. App. to Pet. for Cert. 527a (crediting respondents’ allegations that “the current Department of Justice has shown little interest in enforcing the” VRA (emphasis added)).

This post was edited on 6/27/19 at 6:24 pm
Posted by WorkinDawg
Atlanta
Member since Sep 2012
9341 posts
Posted on 6/27/19 at 6:24 pm to
quote:

No, they didn’t. Not at all. Read the opinion people, Jesus.

Commerce didn’t adequately provide an acceptable justification for the change. Roberts’ opinion outright tells the government that to include the question all Commerce has to do is go back to the District court and provide a better reason for including the question.


The ‘voting rights act compliance’ mantra was always stupid


The purpose of this thread was asking for cliff notes on logic of the ruling so I don't have to read it.

What was Commerce's argument?

Finally, how can Voting Rights Act be stupid? They stretch that focker in every direction when discussing common sense things like voter ID. How in the world could it not be used in support of the census? You know, for actual US citizens who's vote is nullified by an illegal voter.....or Cali getting an extra house seat.
Posted by Azkiger
Member since Nov 2016
21593 posts
Posted on 6/27/19 at 6:25 pm to
quote:

Commerce didn’t adequately provide an acceptable justification for the change.


Federal funding and representation (how many reps each state gets) is plenty reason.
Posted by TigerBait1971
PTC GA
Member since Oct 2014
14865 posts
Posted on 6/27/19 at 6:25 pm to
Justice Thomas is a national treasure.
Posted by WorkinDawg
Atlanta
Member since Sep 2012
9341 posts
Posted on 6/27/19 at 6:29 pm to
quote:

Federal funding and representation (how many reps each state gets) is plenty reason.


It's unfricking believable....the shite courts uphold and we get an insane ruling like this
Posted by LSU2ALA
Member since Jul 2018
1928 posts
Posted on 6/27/19 at 6:32 pm to
quote:

The voting rights act justification was ridiculous from the jump. It never made sense, and I support the questions inclusion.


I agree completely. I am fine with the question, but I expect a government that can at least provide a reason that passes the smell test. This did not. In all fairness, the administration had the bad luck that the Republican strategist that is the architect of this died and his daughter gave his hard drives to the other side which produced a lot of the most damning evidence. In the end they should have had a better reason but they had some really bad luck that this evidence was found.
Posted by Cold Drink
Member since Mar 2016
3482 posts
Posted on 6/27/19 at 6:34 pm to
Thomas is factually incorrect. Courts “question the motive” all the time; that’s literally the entire basis of the due process analysis .


But to OP, here’s the Court’s reasoning in simple terms:

1) You want to make a change to the census

2) Your proposed change has potential ramifications affecting one of the most important aspects of our Republic (deciding how many congressional seats each state gets)

3) You kinda have to justify why that change is appropriate before we let you do it.

4) Your justification is beyond stupid. We are actually on your side. We’re rooting for you. But come on, baw. Give us something to work with.
Posted by MFn GIMP
Member since Feb 2011
19347 posts
Posted on 6/27/19 at 6:38 pm to
quote:

) Your justification is beyond stupid. We are actually on your side. We’re rooting for you. But come on, baw. Give us something to work with.




That's interesting because even Roberts said in his opinion, emphasis added:
quote:

He then weighed the value of obtaining more complete and accurate citizenship data against the uncertain risk that reinstating a citizenship question would result in a materially lower response rate, and explained why he thought the benefits of his approach outweighed the risk. That decision was reasonable and reasonably explained, particularly in light of the long history of the citizenship question on the census. Pp. 16–20.
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
67926 posts
Posted on 6/27/19 at 6:39 pm to
quote:

they should have had a better reason


what was the reason they were standing on??
Posted by WorkinDawg
Atlanta
Member since Sep 2012
9341 posts
Posted on 6/27/19 at 6:41 pm to
quote:

I agree completely. I am fine with the question, but I expect a government that can at least provide a reason that passes the smell test.


I'll ask again, how does voting rights act not "pass the smell test"? Don't US citizens deserve to have their vote protected from nullification by an illegal? As stated above, voting rights act is used to argue against things like voter ID. This is a far better and more straight forward use of "voter rights"...you know, for actual US Citizens voting legally and all
Posted by AUstar
Member since Dec 2012
17033 posts
Posted on 6/27/19 at 6:47 pm to
Haven't been following this particular case much, but there is an argument to be made that asking the citizenship question will give us an inaccurate count overall. This is because no illegal is going to answer the question - they will simply avoid the census. The citizenship question hasn't been asked in previous censuses to my knowledge. It was a sort of a "don't ask don't tell" type of thing.

In a way, I would rather have an accurate overall count of people in America than to know exactly how many are illegals.
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