Roberts The Mind Reader Joins Liberal Justices On The Census

Issues & Insights - Editorial ^ | 6-28-2019 | Thomas McArdle

[Sir Napsalot]

he Supreme Court’s 5-to-4 ruling on Department of Commerce v. New York is being characterized as nothing more serious than a temporary setback regarding President Trump’s wish to reinstate a citizenship question in the 2020 U.S. Census; the administration is expected to whip up a new rationale that the high court won’t consider “contrived” and get the question in.

Unfortunately it is far worse than that, and Chief Justice John Roberts is giving further sign that he is yet another unpleasant surprise in GOP appointments to the highest level of the Judicial Branch, following in the footsteps of David Souter (Bush 41), Anthony Kennedy and Sandra Day O’Connor (Reagan), and John Paul Stevens (Ford).

“The Court’s holding reflects an unprecedented departure from our deferential review of discretionary agency decisions,” Justice Clarence Thomas warns in his dissent, joined by Justices Gorsuch and Kavanaugh. “And, if taken seriously as a rule of decision, this holding would transform administrative law … the Court has opened a Pandora’s box,” Thomas declared.

Motivated by politics and ideology, lawyers would challenge all sorts of Executive Branch decisions “with accusations of pretext, deceit, and illicit motives” leading to “an endless morass of discovery and policy disputes,” Thomas cautions. “Now that the Court has opened up this avenue of attack, opponents of executive actions have strong incentives to craft narratives that would derail them. Moreover, even if the effort to invalidate the action is ultimately unsuccessful, the Court’s decision enables partisans to use the courts to harangue executive officers through depositions, discovery, delay, and distraction.”

[rightwingcrazy]

I think “arbitrary and capricious” would imply contrary to the original intent of Congress, or contrary to simple reason or clear evidence. Otherwise, one person’s “carefully considered” could always be another’s “arbitrary and capricious”, and the law would be pointless, a matter of the court’s whim. The Chief Justice seems to be playing that game.