Posted on 06/27/2019 7:38:42 AM PDT by TexasGurl24
. The Enumeration Clause permits Congress, and by extension the Secretary, to inquire about citizenship on the census questionnaire. That conclusion follows from Congress’s broad authority over the census, as informed by long and consistent historical practice that “has been open, widespread, and unchallenged since the early days of the Republic.” NLRB v. Noel Canning, 573 U. S. 513, 572 (Scalia, J., concurring in judgment). Pp. 11–13.
BUT:
. In order to permit meaningful judicial review, an agency must “‘disclose the basis’” of its action. Burlington Truck Lines, Inc. v. United States, 371 U. S. 156, 167–169. A court is ordinarily limited to evaluating the agency’s contemporaneous explanation in light of the existing administrative record, Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc., 435 U. S. 519, but it may inquire into “the mental processes of administrative decisionmakers” upon a “strong showing of bad faith or improper behavior,” Overton Park, 401 U. S., at 420. While the District Court prematurely invoked that exception in ordering extra-record discovery here, it was ultimately justified in light of the expanded administrative record. Accordingly, the District Court’s ruling on pretext will be reviewed in light of all the evidence in the record, including the extrarecord discovery. It is hardly improper for an agency head to come into office with policy preferences and ideas, discuss them with affected parties, sound out other agencies for support, and work with staff attorneys to substantiate the legal basis for a preferred policy. Yet viewing the evidence as a whole, this Court shares the District Court’s conviction that the decision to reinstate a citizenship question cannot adequately be explained in terms of DOJ’s request for improved citizenship Cite as: 588 U. S. ____ (2019) 5 Syllabus data to better enforce the VRA. Several points, taken together, reveal a significant mismatch between the Secretary’s decision and the rationale he provided. The record shows that he began taking steps to reinstate the question a week into his tenure, but gives no hint that he was considering VRA enforcement. His director of policy attempted to elicit requests for citizenship data from the Department of Homeland Security and DOJ’s Office of Immigration Review before turning to the VRA rationale and DOJ’s Civil Rights Division. For its part, DOJ’s actions suggest that it was more interested in helping the Commerce Department than in securing the data. Altogether, the evidence tells a story that does not match the Secretary’s explanation for his decision. Unlike a typical case in which an agency may have both stated and unstated reasons for a decision, here the VRA enforcement rationale—the sole stated reason—seems to have been contrived. The reasoned explanation requirement of administrative law is meant to ensure that agencies offer genuine justifications for important decisions, reasons that can be scrutinized by courts and the interested public. The explanation provided here was more of a distraction. In these unusual circumstances, the District Court was warranted in remanding to the agency.
Nobody in here but us chickens, and we’re all legal!.............
No, they wouldn’t, especially if non-compliance was limited to blue states.
Fewer warm bodies means less power in the chamber with the power of the purse.
I’m from NYS. We’re very familiar with this.
“but on the other hand it says that it shares “the District Court’s conviction that the decision to reinstate a citizenship question cannot be adequately explained in terms of DOJ’s request for improved citizenship data to better enforce the” Voting Rights Act. “In these unusual circumstances,” the court says, “the District Court was warranted in remanding to the agency, and we affirm that disposition.””
What? The DOJ wanted to be able to compare the number of votes with the number of voters. How is that unusual?
This is so tortured.
The Census Bureau has already said that it could meet a 10/31/19 deadline with a re-allocation of financial resources.
This squishy decision is the full employment act for lawyers. /sarc
Is NYS New York State, as New York was a party to the lawsuit?
Albany stands opposed to limited government.
Albany’s problem is that it can’t make makers stay.
The govt has to print 200 million forms. Wednesday April 1, 2020 is Census Day.
Judge Napolitano is a quack. Don’t believe ANYTHING he claims.
“Relatedly, a court may not set aside an agency’s policymaking decision solely because it might have been influenced by political considerations or prompted by an Administration’s priorities.”
The opinion sets the framework for the lower court review.
Roberts made this way more complicated than it needed to be, with his cowardly fence straddling, but the end result is that the agency can do this if it really wants to.
Oh great, give MORE power to the Demonrat party!
Census has already said it can meet a 10/31 deadline.
Who decides whether the explanation is plausible? The lower court?
Our state government is party to the suit.
I guarantee you nobody asked Upstate.
Albany is desperate because, after having lost almost half our House seats over the last 60 years or so, we’re fixing to lose 1 to 2 more after the next census.
If illegals don’t count, Albany is screwed.
Obama salted the ground, but GWB burned it first.
Thanks, that’s good do know.
Bodies = power.
Fewer bodies, less power.
Especially if non-compliance is restricted to blue states.
Ultimately SCOTUS, but they already decided the framework that the lower courts are forced to use.
Days Before Expected SCOTUS Ruling, Appellate Judges Send 2020 Census Lawsuit Back to Lower Court
The SCOTUS usually want all evidence and arguments to go through the lower courts first.
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