LogFAQs > #923848959

red sox 777 posted...

LordoftheMorons posted...

Newest fuckery in the census case:

https://slate.com/news-and-politics/2019/06/census-case-john-roberts-bush-v-gore-tragedy.html

tldr is that DoJ is asking the Supreme Court to make a ruling on whether or not the inclusion of the citizenship question was racially motivated without that argument having actually been argued before the court yet, which is completely ridiculous.

This article is sensationalist garbage. They found new, loosely related, factual evidence that probably won't make a difference, after the trial court and appellate court both ruled on it and the Supreme Court heard the case. The Supreme Court is days or hours away from releasing its decision on the legal questions presented and they argue that suddenly everything has to stop so they can go back to the trial court and delay things so the new forms can't get printed on time? And if the Supreme Court doesn't give them what they want they must be "the epitome of lawlessness?" Garbage article, regardless of what the ruling ends up being.

didn't even read the article did you? because you're factually wrong on most everything you just said

(Normally I wouldn't bother responding, but for the benefit of people not following the situation that closely given that a ruling on this will come down this week...)

There are two separate cases in play here.

There's the case before SCOTUS right now that will be ruled on this week. That case is around whether the addition of the citizenship question on the census was done in violation of the Administrative Procedure Act. SCOTUS previously blocked Ross's deposition on this matter but the trial court still found it was in violation and the question should be removed.

The question before SCOTUS in this case is whether the Administrative Procedure Act is violated.

There's a second case in the Fourth Circuit right now also about the citizenship question. There's a whole backstory on how the plaintiffs got access to the hard drives of a Republican redistricting operative, but tl;dr they did and it contains new evidence. The Fourth Circuit therefore ordered today that in light of this, it was sending the case back to trial court to determine if the new evidence is good enough proof that the government violated Equal Protection. The Fourth Circuit case has never reached SCOTUS and has not been argued there.

Following that, DOJ wrote today to SCOTUS asking them to decide the Equal Protection question in their ruling this week. However that question is the subject of the Fourth Circuit case which again has not reached SCOTUS.

DOJ is arguing that because the Fourth Circuit is dealing with this question they want to have SCOTUS deal with it now because assuming the Fourth Circuit returns with the conclusion that Equal Protection has been violated there's no time they have to print the census questionnaires ASAP and they can't wait to have that case work its way up to SCOTUS. However, the Fourth Circuit has concluded they have time and it could wait until October.

tl;dr: There are two different census cases going on. The one SCOTUS has right now is about the Administrative Procedure Act. The second has not worked its way up to SCOTUS and deals with Equal Protection. Despite the fact that the second case is still working its way up the system, DOJ is asking SCOTUS to just rule on it too even though it never actually got to SCOTUS and the question of Equal Protection was never argued before it.
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