Federal dollars and political powers are always at stake in the Decennial Census. The upcoming 2020 Census, however, is generating even more conflict and litigation than usual among the states. The reason? One question: Are you a citizen?
Six federal lawsuits (two each in New York, California and Maryland) demand that federal judges block the Department of Commerce from asking the citizenship question.
The plaintiffs in the two New York cases alone number 18 states, the District of Columbia, various cities and counties, as well as a coalition of 175 nonprofit groups. The left’s litigation strategy often appears designed to “persuade” weak-kneed federal district judges (and there are many) that the numbers and outrage of the plaintiffs justify treating frivolous claims as if they have merit.
Rather than weak-kneed, however, U.S. District Judge Jesse Furman in the New York City litigation has been aggressive in assisting the plaintiffs to make a case, when on the face of it there is none. In a July 3 hearing, Judge Furman opined from the bench that he was suspicious that the Trump administration was acting in “bad faith.”
As with the litigation against the travel ban, the district courts carefully chosen by the plaintiffs have been willing to reverse the usual presumption in constitutional litigation. Almost always, a president’s actions enjoy the strongest presumption of constitutionality when taken pursuant to valid statutes. In the Trump era, however, that has changed.
Read the rest from John S..Baker,Jr HERE.
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