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Roberts Thwarted Trump, but Liberals Helped Undercut the Bureaucratic State
The Atlantic ^ | July 11, 2019 | John Yoo and James Phillips

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 ...


TOPICS: Government
KEYWORDS: 2020census; abortion; alito; brettkavanaugh; census; clarencethomas; elenakagan; gorsuch; johnroberts; kavanaugh; maga; neilgorsuch; rbg; robertscourt; ruthbaderginsburg; samuelalito; scotus; soniasotomayor; stephenbreyer; supremecourt; trumpscotus
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1 posted on 07/13/2019 4:13:17 PM PDT by Trump20162020
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To: Trump20162020

Since when is their ‘intentions’ important?? Would the law be Ok of their thoughts were pure???


2 posted on 07/13/2019 4:27:21 PM PDT by Mr. K (No consequence of repealing obamacare is worse than obamacare itself.)
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To: Trump20162020

The pathetic John Roberts is transparent as hell despite his attempts to disguise his decisions which are CLEARLY designed to sabotage Trump’s actions.


3 posted on 07/13/2019 4:28:19 PM PDT by House Atreides (Boycott the NFL 100% — PERMANENTLY)
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To: Trump20162020

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.


4 posted on 07/13/2019 4:29:30 PM PDT by JoSixChip (Trump stands alone.)
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To: House Atreides

What is John Roberts’ problem? Any links to Sorors or the Koch Brothers?


5 posted on 07/13/2019 4:31:40 PM PDT by Jane Austen (Neo-cons are liberal Democrats who love illegal aliens and war.)
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To: Trump20162020

GWB’s 2005 gift just keeps on giving!


6 posted on 07/13/2019 4:33:29 PM PDT by Theodore R.
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To: Jane Austen

I was thinking links to Epstein, since there were rumors about how his kids were adopted.


7 posted on 07/13/2019 4:34:27 PM PDT by dynachrome (Build the wall, deport them all.)
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To: Trump20162020

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.


8 posted on 07/13/2019 4:36:02 PM PDT by FreedBird
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To: Trump20162020

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.


9 posted on 07/13/2019 4:41:58 PM PDT by ElkGroveDan (My tagline is in the shop.)
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To: Trump20162020; All

roberts is or at least was a federalist society member. it is imho difficult to correlate that membership with his current direction.


10 posted on 07/13/2019 4:49:15 PM PDT by SteveH (intentionally blank)
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To: Jane Austen

Traitor Roberst “problem” is apparently that he wants to be an 0bama Judge.


11 posted on 07/13/2019 4:49:21 PM PDT by Paladin2
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To: FreedBird
Yes, the whole purpose of their blocking the citizenship inquiry on the census is to have more representation in regions loaded with illegals.

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.

12 posted on 07/13/2019 4:52:37 PM PDT by caddie (We must all become Trump, starting now!)
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To: Jane Austen

Illegal adoption procedures


13 posted on 07/13/2019 4:55:05 PM PDT by struggle
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To: Trump20162020

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.


14 posted on 07/13/2019 5:07:52 PM PDT by NTHockey (Rules of engagement #1: Take no prisoners. And to the NSA trolls, FU)
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To: Trump20162020

“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.


15 posted on 07/13/2019 5:09:35 PM PDT by grumpygresh
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To: Trump20162020

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.


16 posted on 07/13/2019 5:13:27 PM PDT by lizma2
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To: grumpygresh

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.


17 posted on 07/13/2019 5:13:44 PM PDT by Trump20162020
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To: Jane Austen

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.


18 posted on 07/13/2019 5:14:38 PM PDT by PCPOET7
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To: Mr. K
Since when is their ‘intentions’ important??
Since legislatures began passing "hate crime" laws.
19 posted on 07/13/2019 5:18:47 PM PDT by Bratch (IF YOU HAVE SELFISH IGNORANT CITIZENS, YOU ARE GOING TO HAVE SELFISH IGNORANT LEADERS-George Carlin)
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To: Theodore R.

Looking back, what exactly is gwb’s legacy ?


20 posted on 07/13/2019 5:20:55 PM PDT by libh8er
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