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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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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DOJ Responds to Census Plaintiffs on Hofeller, Claiming There Were No False Statements in DOJ Testimony and No Evidence Hofeller Material Was Used in DOJ Position on Citizenship Question on Census

Here is the letter, painting a starkly different picture of both the facts and legal relevance of the Hofeller materials. This will no doubt have to be hashed out by the district court, while the Supreme Court drafts its opinion … Continue reading

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“New Memo Reveals the Census Question Was Added to Boost White Voting Power; Why it won’t matter to the Supreme Court’s conservatives.”

I have written this piece for Slate. It begins: If we had a fair Supreme Court not driven by partisanship in its most political cases, Thursday’s blockbuster revelation in the census case would lead the court to unanimously rule in Department of Commerce … Continue reading

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Today’s Must-Read: Linda Greenhouse: “The Supreme Court, the Census Case and the Truth: Will the justices be the administration’s enablers or form a firewall against its lies?”

Linda Greenhouse NYT column: But if the plaintiff states are going to lose, it seems to me that it matters greatly how they lose. What was depressing and even scary about the April 23 argument was the disingenuous lengths to which the … Continue reading

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Breaking: Unanimous 3-Judge Court, in 300-Page Opinion, Strikes Ohio Congressional Districts as Unconstitutional Partisan Gerrymanders

You can find the opinion at this link. From the introduction: We join the other federal courts that have held partisan gerrymandering unconstitutional and developed substantially similar standards for adjudicating such claims. We are convinced by the evidence that this … Continue reading

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“The Supreme Court Is Poised to Shred Its Credibility to Let Trump Rig the Census”

Mark Joseph Stern: What’s startling about Roberts, Kavanaugh, and Gorsuch’s questions in particular is that they seem to betray fundamental principles of the court’s conservative bloc. Gorsuch has disclaimed reliance on international law, proclaiming: “We have our own tradition and our own … Continue reading

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