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SCOTUS: Census question Stays; but needs further explanation from the agency.
Supreme Court of the United States ^ | 06-27-2019 | John G. Roberts

Posted on 06/27/2019 7:38:42 AM PDT by TexasGurl24

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To: TexasGurl24

Thanks for the translations from legalese!

But why is time an issue?


21 posted on 06/27/2019 7:46:06 AM PDT by mewzilla (Break out the mustard seeds,)
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To: Moonman62

Yes and no.

In rulings that favor the Government, the Court holds: (1) the Enumeration clause permits a citizenship question; (2) the Secretary’s decision is reviewable under the APA; (3) adding the citizenship question was supported by substantial evidence; (4) adding the question did not violate the two provisions of the Census Act New York has cited.

BUT

The agency has to explain WHY it did it under the APA.

In a nutshell, the Court is saying that the Commerce Department could do this if it gave a better explanation of why it was doing it. That’s the bottom line.


22 posted on 06/27/2019 7:46:18 AM PDT by TexasGurl24
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To: TexasGurl24
" if the agency gives a good reason for the Census question then it stays"

What about "Are you a US citizen" as a good reason???

Roberts has proven to be one of the most incompetent "justices" in Supreme Court history.

Are he and Jeff Sessions joined at the hip or something?

23 posted on 06/27/2019 7:46:34 AM PDT by Savage Beast (When the Light of Truth threatens to expose corruption, it's the corrupt who try to extinguish it.)
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To: mewzilla

Administrative agency decisions take time. There is a public comment period. If they have been planing for a result like this, it won’t be an issue.


24 posted on 06/27/2019 7:46:48 AM PDT by TexasGurl24
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To: TexasGurl24

........... I heard the opposite .... that the Citizenship Question .... WILL NOT be on the 2020 Census .....


25 posted on 06/27/2019 7:47:08 AM PDT by R_Kangel ("A nation of sheep will beget a nation ruled by wolves")
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To: be-baw

It can be on the ballot if Trump decides to leave it. Ballots will be printed with the question starting 1 July. The court decided nothing.


26 posted on 06/27/2019 7:47:23 AM PDT by NKP_Vet ("Man without God descends into madness”)
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To: Savage Beast

Roberts is not incompetent.

He’s corrupt.


27 posted on 06/27/2019 7:47:23 AM PDT by mewzilla (Break out the mustard seeds,)
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To: TexasGurl24

So, what does that mean for the 2020 census?

Given they don’t like the explanation, are they letting it stay or saying no?

I am seeing both sides claiming victory here.


28 posted on 06/27/2019 7:47:42 AM PDT by HamiltonJay
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To: TexasGurl24

Also the dems sent in new evidence to the SCOTUS, which they don’t normally consider. The dems plot worked.


29 posted on 06/27/2019 7:48:06 AM PDT by Rusty0604 (2020 four more years!)
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To: Don Corleone
Don’t you just get turned on by ‘lawyer talk’? /sarc


Wikipedia is good for some things:

"Let's kill all the lawyers" is a line from William Shakespeare's Henry VI, Part 2, Act IV, Scene 2. The full quote is "The first thing we do, let's kill all the lawyers".

30 posted on 06/27/2019 7:48:24 AM PDT by ptsal
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To: TexasGurl24

Thanks!

Well, if the question ain’t on there, I’m refusing to respond.

NYS can KMA.


31 posted on 06/27/2019 7:48:34 AM PDT by mewzilla (Break out the mustard seeds,)
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To: R_Kangel

Like I said, idiot reporters can’t read the opinion, can’t understand the law, and desperately want to spin this as a victory for the Rats.

However, the actual opinion guts the challenges that NY made to the law.

The court DID send this back to the agency to explain why it did it.

All the agency has to do is explain why it did this, present it to the lower courts. The lower courts have to review it with the standards that the court put in place, and it guts the challengers position.


32 posted on 06/27/2019 7:49:02 AM PDT by TexasGurl24
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To: TexasGurl24

Basically, Agencies aren’t allowed to pull the same sort of intellectual dishonesty the courts use on a routine basis. “Stay in your own lane.”


33 posted on 06/27/2019 7:49:08 AM PDT by Cboldt
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To: Rusty0604

The court didn’t address that at all.


34 posted on 06/27/2019 7:49:23 AM PDT by TexasGurl24
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To: TexasGurl24

Census forms are reportedly going to start being printed on July 1. That doesn’t seem enough time for the agency to get their act together. I don’t the question will be on the 2020 census.


35 posted on 06/27/2019 7:49:25 AM PDT by be-baw
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To: TexasGurl24

I guess the second one doesn’t really favor the Government


36 posted on 06/27/2019 7:49:51 AM PDT by nwrep
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To: be-baw

I meant to say I don’t think the question will be on the 2020 census.


37 posted on 06/27/2019 7:49:57 AM PDT by be-baw
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To: SMGFan

Another source for info:

www.SCOTUSblog.com


38 posted on 06/27/2019 7:50:22 AM PDT by ptsal
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To: TexasGurl24
Wow this was the most important one and SC screwed it! This census will not be on the 2020 form...that's what I've been reading...☹️ don't know how true...🤷‍♀️
39 posted on 06/27/2019 7:50:22 AM PDT by RoseofTexas
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To: be-baw

All the agency has to do is explain why it did this, and present it to the lower courts. The lower courts have to review it with the standards that the court put in place, and it guts the challengers position.


40 posted on 06/27/2019 7:50:41 AM PDT by TexasGurl24
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