DOJ Asks SCOTUS To Make A Drastic Move In Census Citizenship Case

[riversedge]

Source: TPM





June 25, 2019 5:56 pm

The Department of Justice boldly and explicitly asked the Supreme Court on Tuesday to resolve an issue the court hasn’t formally reviewed in the census citizenship case when the justices hand down their decision in the case expected this week.

The request, which the Justice Department has made in a more subtle fashion in previous court filings, is extraordinary and reflects the highly unusual legal battle the Trump administration has engaged in to change the 2020 census.

The Justice Department request came in the form of a letter to the court submitted just a few hours after an appeals court said new evidence warranted the reexamination of a case challenging the citizenship question brought in Maryland.

The Maryland case was not the case in front of the Supreme Court when it was briefed on the question’s legality this year. And the claim that is now being reconsidered by a federal judge in Maryland — that the question was added to the census with a discriminatory intent – was not one of the questions formally in front of the justices. The Department of Justice briefly referenced it in one of their pleadings in the Supreme Court case, which was a review of census cases from New York and Maryland, but the high court never requested official briefing on it.

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Read more: https://talkingpointsmemo.com/news/justice-department-equal-protection-request-census-citizenship

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I do not see the SC comply with Trump Administration--yet I never know what will happen anymore!!

[Tech]

1. We really need to come up with another name for the doj,

They certainly are not living up to their name since trump.

[hlthe2b]

2. in response...

Link to tweet

Full background decisions released on the census case today: https://www.democraticunderground.com/100212218385

[Hawaii Hiker]

4. Rick Hasen said same thing

as to how bizarre a request this is...

https://slate.com/news-and-politics/2019/06/census-case-john-roberts-bush-v-gore-tragedy.html

[enough]

3. We still have the myth thAt SCOTUS values its dignity

as manifested in its relationship to the other branches. We’ll be finding out soon if this is true.

[AJT]

5. Trump knows he owns the DOJ, and he thinks he owns most of SCOTUS too.

And, he might be right. We'll soon find out.

[stillcool]

6. After reading this...

I don't think I want to know the decision.

https://slate.com/news-and-politics/2019/06/census-case-john-roberts-bush-v-gore-tragedy.html
The Census Case Is Shaping Up to Be the Biggest Travesty Since Bush v. Gore
By RICHARD L. HASEN

The government claims the printing deadline is imminent, but the 4th Circuit found that the printing can actually wait until October. This issue deserves full and fair vetting. The Supreme Court can deal with any injunction from the district court or the 4th Circuit in later filings after the trial court finds all the facts about possible discriminatory intent from the Hofeller evidence.

Indeed, in another case of similar political import, a Supreme Court majority declared the following: “The press of time does not diminish the constitutional concern. A desire for speed is not a general excuse for ignoring equal protection guarantees.” That case was Bush v. Gore, the case ending the disputed 2000 presidential election and handing the election to Republican George W. Bush over Democrat Al Gore. There, the justices of the Supreme Court let politics get in the way of a fair decision. It looks like history may be about to repeat itself.