High court keeps citizenship question off census for now

Court Watch

In a surprising move, the Supreme Court on Thursday kept the Trump administration from adding a citizenship question to the 2020 census for now, and the question’s opponents say there’s no time to revisit the issue before next week’s scheduled start to the printing of census forms.

But President Donald Trump said on Twitter after the decision that he’s asked lawyers if they can “delay the Census, no matter how long” until the “United States Supreme Court is given additional information from which it can make a final and decisive decision” on the issue. Under federal law the census must begin on April 1, 2020. A former director of the Census Bureau said he believed Congress would have to change the law for the count to be delayed.

The issue of whether to add the citizenship question to the census is a politically charged one. Democratic cities and states who oppose adding it argue that they’d get less federal money and fewer representatives in Congress if the question is asked because it would discourage the participation of minorities, primarily Hispanics, who tend to support Democrats.

During arguments in the case at the Supreme Court in April it seemed as though the Trump administration would win because Chief Justice John Roberts and other conservatives appointed by Republican presidents did not appear to see anything wrong with Commerce Secretary Wilbur Ross’ decision to add the question. Ultimately, however, Roberts joined the court’s four more liberal members in saying the administration’s current justification for the question “seems to have been contrived.”

The Trump administration had said the question was being added to aid in enforcement of the Voting Rights Act, which protects minority voters’ access to the ballot box. But the Justice Department had never previously sought a citizenship question in the 54-year history of the landmark voting rights law.

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