June 27, 2019

In Surprise Census Decision, Supreme Court Finally Calls BS on the Trump Administration
Win McNamee/GettyThe Trump administration’s plan to add a citizenship question to the 2020 census—which it estimated would decrease Hispanic participation in the census by five percent—has been temporarily shelved by the Supreme Court in a 5-4 decision.The reason? The administration lied.“Reasoned decisionmaking under the Administrative Procedure Act calls for an explanation for agency action,” Chief Justice Roberts wrote in the opinion for the Court. “What was provided here was more of a distraction.”That is music to the ears of Trump’s critics. Finally, there is a limit to how much this administration can lie and get away with it.Notably, the case was not a complete victory for opponents of the question. The Court held that a citizenship question is constitutional, and that Commerce Secretary Wilbur Ross, who is responsible for the census, was within his authority to set aside the dire warnings from the Census Bureau that the question would depress participation. Wilbur Ross Lied to Congress About the GOP’s Plot to Rig the Census. This Should Be a National Scandal.But it is a major victory nonetheless, for two reasons.First, the citizenship question is unlikely to be on the 2020 census. The Court’s decision kicks the case back to the district court to continue investigations into the real reasons for the question—including deposing Secretary Ross himself. That will take a while. In addition to the material already in the record—including numerous emails and memos clearly showing that Secretary Ross misrepresented the timeline and rationale for the question—still more material was recently unearthed on the hard drives of a deceased Republican operative, Thomas Hofeller, suggesting that citizenship data could be used to draw election districts to advantage “non-Hispanic whites.”Evaluating all that information will take a long time.Moreover, the ACLU and the New York Immigration Coalition had asked the district court to sanction government officials for lying in their statements to the court. That investigation, too, will now proceed.It’s unclear exactly how long it takes to print 350 million census forms: at first the government said they’d have to start in June, then later they said October. The Census Bureau has said that they intend to start printing the forms next week. (The president said shortly after the court’s decision that he has asked lawyers to delay the census.) In any case, it is highly likely that this dispute will not be resolved in time for the citizenship question to be added.The consequences are huge. Had the question been included, it would have intimidated some Hispanics from filling out the census for fear the information would be used by law enforcement for deportation.That undercounting, in turn, would lead to fewer Democratic-leaning congressional districts; to under-apportioning money for areas with uncounted residents; and even to decreasing the electoral college representation of Hispanic-heavy states like Texas, California, and New York. It would make presidential elections like 2016—where Trump won the most electoral votes despite losing the popular vote—more likely.And the data, we now know, would have been used to redraw congressional districts based on their number of citizens, rather than their total population, thus weakening the representation of areas with large numbers of immigrants and people of color.All that is on hold for now, and probably off the table for 2020.The second reason today’s decision is a victory has to do with the Court’s reasoning: that, in Roberts’s words, “we are presented…with an explanation for agency action that is incongruent with what the record reveals about the agency’s priorities and decisionmaking process.”“Incongruent” is legalese for “lied.” The Trump administration said one thing, but the evidence showed another. Specifically, wrote Roberts, “that evidence showed that the Secretary was determined to reinstate a citizenship question from the time he entered office…and adopted the Voting Rights Act rationale late in the process.”This “reveal[s] a significant mismatch between the decision the Secretary made and the rationale he provided.”“This is a victory for the rule of law,” said Dale Ho, the ACLU lawyer who argued the case at the Supreme Court.  “You can’t have government accountability unless government agencies are open and honest about their reasons for taking the actions they take.”Revealed: Memo Shows Trump Officials Trying to Rig Elections for WhitesThere was good reason to doubt that Roberts, in particular, would decide the case this way. Just last year, he took the Trump administration at its word that the so-called “Travel Ban,” which began, obviously, as a ban against Muslims entering the United States, was in fact a religion-neutral travel ban put in place for national-security reasons.There, too, the government came up with a bunch of evidence supporting their decision. There, too, they asked the Court to ignore the mountain of evidence that the rationale was pretext. But there, Roberts went along with it. And indeed, in today’s decision, Justices Thomas, Gorsuch, and Kavanaugh note that the Court seems to be contradicting itself. Sometimes it takes the government at its word, sometimes it says that word is pretext. Admittedly, they have a point.But, Roberts seemed to say, there is a limit to how much BS the Court will take. When there are email chains, memos, and meeting notes that directly contradict what government officials are saying, then at the very least, courts will fully inquire into the administrative record.Or, in his more delicate words:“Agencies [must] offer genuine justifications for important decisions, reasons that can be scrutinized by courts and the interested public. Accepting contrived reasons would defeat the purpose of the enterprise. If judicial review is to be more than an empty ritual, it must demand something better than the explanation offered for the action taken in this case.”At last, truth has had its day in court.John Roberts Isn’t the Conservative You Thought He Was

Latest News
Top news around the world
Oscar 2020

See the list of 2020 Oscar Nominations including best picture, best actors and actresses, and more.

The 92nd Academy Awards ceremony, presented by the Academy of Motion Picture Arts and Sciences (AMPAS), will honor the best films of 2019 and will take place at the Dolby Theatre in Hollywood, Los Angeles, California.

Around the World

Celebrity News

> Latest News in Media

Watch It
Sofia Vergara & Heidi Klum Sign on as "America's Got Talent" Judges | E! News
February 27, 2020
OzuSc1LBfCM
Amanda Bynes & Her Fiance Pack on the PDA in L.A. | E! News
February 27, 2020
awQ8Gxv6fNI
Britney Spears Breaks Her Foot --"Daily Pop" Hosts React | Daily Pop | E! News
February 27, 2020
pwqEAt5ItNk
Harvey Weinstein Attorney Has No Suicide Fears, 'Has Everything to Live For' | TMZ
February 27, 2020
VIfKO9vn6fE
Mark Wahlberg vs. Dr. Oz in Push-up Challenge | TMZ
February 27, 2020
-zTSc7UG9t8
J Lo & Shakira Halftime Show Draws 1,300 Complaints | TMZ NEWSROOM
February 27, 2020
senJAvhiTII
Gorgeous goofball Tyler Cameron spills on first dates and worst regrets | Page Six Celebrity News
February 27, 2020
FDnaqeBesfY
How to get a 'Summer House' body starting in the winter | Page Six Celebrity News
February 26, 2020
0uLv4w_fqmU
New 'Soup' Host Quizzed On Reality TV's Wildest Moments | Page Six Celebrity News
February 20, 2020
DwNod1dBww8
'Invisible Man' Director on Making 'Elevated Horror' and Reinventing the Classic Monster
February 27, 2020
iuFMEM0OJWI
'Brooklyn 99' Star Stephanie Beatriz Shows Off Her Rosa Diaz Voice & Teases 'In the Heights'
February 27, 2020
kbTJriFM-uk
Stars Celebrate Black Filmmakers at 51st NAACP Image Awards
February 24, 2020
GAtPoe6bTD8
TV Schedule
Late Night Show
Watch the latest shows of U.S. top comedians

Sports

Latest sport results, news, videos, interviews and comments
Latest Events
24
Feb
ENGLAND: Premier League
Liverpool - West Ham United
23
Feb
ENGLAND: Premier League
Arsenal - Everton
23
Feb
ENGLAND: Premier League
Manchester United - Watford
23
Feb
ITALY: Serie A
Roma - Lecce
23
Feb
SPAIN: La Liga
Atletico Madrid - Villarreal
22
Feb
SPAIN: La Liga
Levante - Real Madrid
22
Feb
ITALY: Serie A
Fiorentina - AC Milan
22
Feb
ENGLAND: Premier League
Leicester City - Manchester City
22
Feb
ITALY: Serie A
Spal - Juventus
Find us on Instagram
at @feedimo to stay up to date with the latest.
Featured Video You Might Like
pQ9gcOoH9R8 g5MRDEXRk4k tudKp5Vhs3k iwWHibhssSo kQr0XHPbICM 5NeCb7JxaRk u5xQKdNqazE 56CdjlzJqSA kw7uFRs-Az0 xNv0JZWLV7w j_x1lr04a6Q lrYGH-drP8s
Copyright © 2020 Feedimo. All Rights Reserved.