Skip to comments.Roberts Thwarted Trump, but Liberals Helped Undercut the Bureaucratic State
Posted on 07/13/2019 4:13:17 PM PDT by Trump20162020
Chief Justice Roberts, joined by the four liberal justices (Ruth Bader Ginsburg, Stephen Breyer, Elena Kagan, and Sonia Sotomayor), declared that the evidence tells a story that does not match the explanation the Secretary gave for his decision. The sole stated reason for adding the citizenship question to the census, he observed, seems to have been contrived. Federal agencies must offer genuine justifications for important decisions, reasons that can be scrutinized by courts and the interested public. Otherwise, judicial review becomes an empty ritual.
In dissent, Justice Clarence Thomas, joined by Justices Neil Gorsuch and Brett Kavanaugh, correctly called the opinion an unprecedented departure from our deferential review of discretionary agency decisions. (Samuel Alito filed a separate dissent.) Courts generally examine only the governments stated rationale for regulation, and do not search for any hidden real reason that might involve politics. Subjecting agencies to more searching scrutiny in the future, rather than accepting their purported reasons, will impede the flexing of bureaucratic muscle and allow judicial second-guessing of policies. Thomas observed that if taken seriously as a rule of decision, this holding would transform administrative law.
In their quest to hand the Trump administration a political defeat on the census, the four liberals justices unwittingly agreed to lay the groundwork for a new world in which agencies explanations receive strict judicial oversight. This change alone would be significant. But couple it with two more June decisions, and this year heralds a renewed conservative judicial attack on the foundations of the administrative state. While these other decisions may not appear monumental, it is their reasoning, rather than their results, that matter.
(Excerpt) Read more at theatlantic.com ...
Since when is their ‘intentions’ important?? Would the law be Ok of their thoughts were pure???
The pathetic John Roberts is transparent as hell despite his attempts to disguise his decisions which are CLEARLY designed to sabotage Trumps actions.
Interesting take on these events. But I have a problem with the fact that the judiciary will not be impartial and use this new oversight of policy and regulations to steer society to their liberal and socialist goals. Same sex marriage as an example.
What is John Roberts’ problem? Any links to Sorors or the Koch Brothers?
GWB’s 2005 gift just keeps on giving!
I was thinking links to Epstein, since there were rumors about how his kids were adopted.
Does the Federal Gov. appropriate more money to a State if the population is larger? Are Federal Grants involved? It seems Dems. are fighting for more population in cities.
I’ve said from the start they should have just reprinted the 2000 census - exact same questions - and dare anyone to make a case that it wasn’t racist/political/whatever then, but it is now.
roberts is or at least was a federalist society member. it is imho difficult to correlate that membership with his current direction.
Traitor Roberst “problem” is apparently that he wants to be an 0bama Judge.
If you can't tell that people are illegal, they obviously must be counted as citizens for apportionment of representatives. That is the whole purpose of the Census.
Dilute citizens with illegals when carving out districts, and dilute citizens with illegals' votes on every election day.
Illegal adoption procedures
Little Johnny Roberts proves once again that a SCOTUS judge can be bought - and at a bargain rate. Move over Roger Taney you’ve been supplanted as worst decision maker.
“Trump administration a political defeat on the census, the four liberals justices unwittingly agreed to lay the groundwork for a new world in which agencies explanations receive strict judicial oversight”
Sure a political loss. But if this could expose the administrative state to losses in courts, individuals and states will benefit. It doesn’t really matter who is the chief executive in most instances when individual must contend with ruthless out of control police state agencies and bureaucracies. IRS, EPA, FBI, CMS, BLM, DEA, ATF abuse citizen rights every day. The regulations are enormous and no executive can know the details that destroy lives everyday.
Atlantic seemed to be unhappy that it was the liberals have given everyday conservatives a chance to attack corrupt federal agencies. But, I would imagine that the liberals on the court wanted the political win. If we can weaken the federal bureaucracies and the police state, let them have it.
Thank God for Clarence Thomas.
I watched his hearing.
The libs went ballistic about a supposed joked about a pubic hair on a can of pop.
Before and ever since then they have been playing the sexual harassment card, while ignoring the fact that Billy-Bob, the Kennedy’s rape and murder of women.
I feel like a lot of people here didn’t bother to read the article, as evidenced by their just going off on tangents about John Roberts.
I believe he is being blackmailed over his adoption of two kids. anything I say is real speculative about the reason for the blackmail over the adoption.
Since when is their intentions important??Since legislatures began passing "hate crime" laws.
Looking back, what exactly is gwb’s legacy ?
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