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 government’s 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 ...
I’m thinking he may know Epstein...
Soetoro wanted to complete and return a census form.
That was not possible so long as the Census form asked if he was a US Citizen
bump
And soon, people just say, "Oh Hell, it's just the Census. Just count everybody and make them count all the same. Don't bother checking their silly citizenship. Who cares anyway?"
And soon, people just say, "Oh Hell, it's just the Census. Just count everybody and make them count all the same. Don't bother checking their silly citizenship. Who cares anyway?"
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