nice summary in the dissent by Thomas .
Thomas scoffed at the logic in the majority in writing his dissent.
“For the first time ever, the court invalidates an agency action solely because it questions the sincerity of the agency’s otherwise adequate rationale,” he wrote in a partial dissent joined by Gorsuch and Kavanaugh.
“I do not deny that a judge predisposed to distrust the secretary or the administration could arrange those facts on a corkboard and — with a jar of pins and a spool of string — create an eye-catching conspiracy web,” Thomas wrote.
Thomas said the ruling sets a dangerous precedent.
“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,” he wrote.
Alito, in his own dissent, said that as far as he was concerned, the only question at play was whether the Department of Commerce had the authority to change a census question, which he believed it did.
Points out what a weasel John Roberts is..... Maybe Bush family payback... After all he was appointed by George W, and Jebs feeling were hurt by The Donald
It may be the first time for the Supreme Court, but it's not the first time ever for a federal court to do so.
Questioning the motive behind the completely lawful executive order restricting travel from designated countries was precisely the reason given by federal judges in staying that travel ban order.
The Supreme Court ended up upholding the travel ban in those cases, so why would Roberts question motivation behind a lawful act in this case?
I agree with Justice Alito, the only test is is the action lawful or is it not lawful. The motivation behind the action doesn't matter.