The Court rejected the argument from New York concerning the conduct of the Census and the authority of the Secretary of Commerce to determine the inclusion of questions on the Census form. Justice Thomas point out that the Court ruled correctly on the main points and said that the matter ought to have ended there. But, the Chief Justice went beyond and addressed the process foul about whether the Commerce Department had full complied with the Administrative Process Act.
This is like getting a parking ticket while you are in court winning your lawsuit against the city for their illegal parking ticket practices.
This was a bone thrown to the liberals, although it makes no sense that the Chief Justice keeps bending over backwards to please the Left. This remaining issue can probably resolved by a reworded explanation from the Commerce Department. The District Judge cannot touch the substantive issues, they have already been decided. The judge will have little to do but grade the new paper. If he gives it an F and tries to retry the case, the Supreme Court will step in and reign him in. The question is, can the judge slow walk all of this. I think not, but we’ll find out.
Well said!
In my view CJ Roberts really split hairs with his opinion that Commerce has the authority but in essence has to give a better reason.
Like you say, it should be a simple thing but with the agendas of leftist judges you never know.