Agreed. It looks like Commerce needs to add to it's explanation on why the question is needed and get approval from the court. And the question will be on the Census form.
People are assuming that the court will simply reject it again, but the SCOTUS has just shot down all the reasons that the court rejected the question the first time.
I can't image that the Dept of Commerce is not ready for this.
Yep, and the majority made clear to the lower courts:
“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.