Saturday, July 13, 2019

The fight over the Census citizenship question isn’t over yet


Source: New York Daily News
June 10, 2019
Chief Justice John Roberts and the four liberal justices determined that the Justice Department’s stated reason for including the question — that it would improve administration of the Voting Rights Act — was not the real and complete story. It was, in their view, a pretext, even though it is a perfectly valid and sufficient reason.

This defeat, such as it was, is extremely narrow. “We do not hold that the agency decision here was substantively invalid,” Roberts wrote for his 5-4 majority. They simply “remanded” the case, asking the Commerce Department to show the “real” reason and assure the lower court that it’s not improper

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