Trump Admin Will Leapfrog Circuit Court Review, Appeal District Court's Census Decision Directly to

[Judi Lynn]

Source: Law and Crime

Trump Admin Will Leapfrog Circuit Court Review, Appeal District Court’s Census Decision Directly to Supreme Court
JERRY LAMBE
Sep 18th, 2020, 2:00 pm

The Trump administration filed a Notice of Appeal on Friday declaring its intention to have the U.S. Supreme Court review a district court decision blocking the president’s order to exclude undocumented immigrants from the census population count data used to allocate federal funds and congressional representation. Because the decision was rendered by a rare three-judge district court panel, the administration doesn’t need to wait for a federal appellate court to weigh in. More importantly, the Supreme Court cannot decline to hear the appeal.

In his July 21 memo, President Donald Trump declared that it was “the policy of the United States to exclude from the apportionment base aliens who are not in a lawful immigration status” and directed Commerce Secretary Wilbur Ross to “take all appropriate action, consistent with the Constitution and other applicable law, to provide information permitting the President, to the extent practicable, to exercise the President’s discretion to carry out th[is] policy.”

A complaint, filed two days later by government watchdog group Common Cause, alleged that the memo violated federal statutory law as well as the U.S. Constitution. The group argued that the Fourteenth Amendment unequivocally requires that every resident be counted in the U.S. Census and included in the basis for reapportioning congressional districts. The lawsuit also alleged that Trump’s memo violated the Equal Protection clauses of the Fifth and Fourteenth Amendments diluting certain citizens’ votes and by taking adverse action against residents on the basis of their race, ethnicity, and national origin.

The three-judge panel, two of whom were appointed by George W. Bush, unanimously ruled last week that the president’s order regarding the census was not “within the boundaries” of the “authority that Congress has granted.”

Read more: https://lawandcrime.com/supreme-court/trump-admin-skips-circuit-court-review-appeals-district-courts-census-decision-directly-to-supreme-court/

[machoneman]

1. They will lose this suit yet if Trump wins reelection, his minions will rig the data anyway...

..and subvert entirely the SC ruling, the Constitution and We the People be damned!

[ArizonaLib]

2. I thought the supreme court was the court was a 'last resort tribunal'

I hope they bounce it back at him.

[padah513]

3. I hope they do so too

But I can't say I trust them to ever do the right thing. When they do, I'm actually shocked.

[Lonestarblue]

4. The Supreme Court has enabled Trump's worst instincts.

It has granted him stays that allowed him to implement policies that should have gone through the appeals process. It has allowed him to leapfrog over other cases to get on their docket faster. For this one, I hope they throw it back and tell Trump to appeal through the normal process or accept the lower court’s ruling. I doubt this Court, or any other, would have kowtowed to Obama they way they have to Trump.

[bucolic_frolic]

5. Trump can leapfrog courts but Congress, NYState, others, can't

[FBaggins]

7. Untrue in this case

The law that created the necessity for three-judge panels in certain cases explicitly allowed for review by any party directly to the Supreme Court. So if Trump had won at the lower level (and it's worth noting that he already lost in front of two Bush appointees), then the other side would have been able to appeal directly to SCOTUS.

In fact... one could say that there isn't any "leapfrogging" here at all. SCOTUS is the statutorily-prescribed next court in line.

As to whether or not that law makes sense in today's world? Is another question.

[jorgevlorgan]

6. Cool. So he doesn't want to actually win Latinos? Glad we're clear on that now.

This needs to be broadcast -among the other shit he did, all over Florida.