Just 16 Days Ago, Trump Administration Solicitor General Told Supreme Court Census Form Had to Be Finalized by June 30 or Congress Would Have to Appropriate More Money

Marty Lederman on the strong grounds for applying estoppel against the government in the census case: 1/ UPDATE on OSG representations w/r/t the census form deadline (h/t @hansilowang): Just 16 days ago, mere days before the Court was to decide … Continue reading

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Since Trump Tweet, Justice Department Lawyers Trying to Come Up with New Pretext for Including Citizenship Question on Census; Federalist Society’s Leonard Leo Pushing Trump To Do This Despite Supreme Court Ruling

Washington Post: Trump was furious and thought the Commerce Department and the Justice Department — which has been arguing the case — had given up the fight too easily. He complained about Chief Justice John G. Roberts Jr.,who he said … Continue reading

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Federal Court in Maryland Census Case Gives Trump DOJ Until 2 PM Friday to Stipulate that Census Question Is Off the Census or the Case Goes Forward

Hansi Lo Wang: 2. If Trump administration does not enter into written agreement to not pursue a #CitizenshipQuestion by Friday 2 p.m. ET hearing, Judge Hazel is ready to move forward with reconsidering recently resurrected discrimination and conspiracy allegations against … Continue reading

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All’s Well That Ends Well, or All’s Well That Evenwel? How the Commerce Department May Still Help States to Draw Districts with Equal Numbers of Voter Eligible Persons to Minimize Hispanic (and Democratic) Voting Strength

It is undeniably good news that the Trump Administration decided to abandon the citizenship question in the face of evidence that it would depress turnout especially among those with noncitizens in a household and in light of the Supreme Court’s … Continue reading

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“Trump again says he’s ‘looking at’ a delay on census as government asks for more time to figure out next steps”

CNN: President Donald Trump said Monday his administration is “looking at” delaying the 2020 census after the Supreme Court last week blocked the administration from adding a question about citizenship status on the decennial survey.His comments came as government attorneys on Monday evening asked a … Continue reading

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Breaking: 4th Circuit Remands Census Citizenship Case Raising Equal Protection Issues Not Before SCOTUS to Look at Hofeller Evidence to Show Government Discriminatory Intent; Concurring Judge Suggests New Injunction Against Including Question

This order (via Lawrence Hurley) means that the district court can consider the new Hofeller evidence to determine whether it shows the government acted with racially discriminatory intent in including the citizenship question on the census. And then the case … Continue reading

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Federal District Court in Maryland Will Reopen Census Case If Permitted to Do So By Appeals Court Based on Hofeller Evidence Showing Government Intent to Discriminate Against Hispanics

From today’s order: This Court previously concluded that the Secretary’s articulated reason for adding a citizenship question to the 2020 Census—to improve Voting Rights Act (VRA) enforcement— was a pretext. ECF No. 154 at 108. However, the Court held that … Continue reading

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New Estimate from Census Department Researchers Forthcoming in Peer Reviewed Journal Finds Citizenship Question Could Depress Response Rate by 8 Percent in Households That May Have Noncitizens

This paper is forthcoming in Demography (h/t Hansi Lo Wang). Here is the abstract: he addition of a citizenship question to the 2020 census could affect the self-response rate, a key driver of the cost and quality of a census. … Continue reading

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DOJ Signals That If States Want to Start Drawing Legislative Districts on the Basis of Equal Numbers of Eligible Voters Not People (Which Will Shift Power to Republican Party and Against Hispanics), Trump Administration Will Support It

A nugget from the government’s SCOTUS filing opposing plaintiffs’ motion for a limited remand in the census case (on the basis of the Hofeller evidence): More on the significance of this in my recent Slate piece. … Continue reading

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As 4th Circuit Contemplates Additional Hearing on Race Discrimination in Adding Citizenship Question to Census, DOJ Files SCOTUS Brief Trying to Preempt Such Consideration

Hansi Lo Wang: NEW: The 4th Circuit has set June 24 as the deadline for Trump admin to respond to request by @MALDEF @AAAJ_AAJC to send #CitizenshipQuestion lawsuits in Maryland back to the trial court, where U.S. District Judge George … Continue reading

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Breaking: Plaintiffs in Census Case Want #SCOTUS to Send Case Back to District Court for More Factfinding if Government Lied About Reason for Citizenship Question; Thoughts on What the Court Will Do

Plaintiffs have filed this unusual motion in the Supreme Court asking for the Court to send the case back to the district court to engage in factfinding over whether government officials lied about why Secretary Ross decided to include the … Continue reading

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Kobach Discussed with Trump Campaign Before 2016 Election the Issue of Adding Citizenship Question to Census; Trump Administration Asserts Privilege Over Answers About What Kobach Told Administration

Hansi Lo Wang: https://twitter.com/hansilowang/status/1137078802046230528 More in this oversight committee memo: When Mr. Kobach was asked whether he had additional meetings with the President or his aides other than those that have been publicly disclosed, his attorney stepped in to block … Continue reading

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Federal District Court in Census Citizenship Question Case Won’t Decide If DOJ Officials Lied About Purpose of Question—Until After the Supreme Court is Expected to Rule.

These developments make it much harder for plaintiffs to get any new factual findings before the Supreme Court rules in the census case. 16. Judge Furman says he sees "no reason to rush this process" before #SCOTUS reaches it decision … Continue reading

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DOJ’s John Gore Said in His Deposition That One of the Purposes of Collecting Citizenship Data on the Census Forms is To Let States Draw Districts with Equal Numbers of Eligible Voters (Which Hurts Hispanics and Democratic Voters)

The other day I tweeted this: This is a key point and shows that whether or not DOJ borrowed from Hoefeller, the motivation was to allow states to engage in redistricting based on voter eligible persons, which would dilute the … Continue reading

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