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2020 Census Thread (1 Viewer)

JUST IN: Barr says Trump admin can legally add citizenship question to census hill.cm/

https://t.co/OFvFrceSB7?amp=1
It really is amazing how Barr just acts like he is Trump’s personal lawyer.

>>He said he believes there is “an opportunity potentially to cure the lack of clarity that was the problem and we might as well take a shot at doing that.”<<

AP

- They obviously think it still has to go to the SC though.

 
What lack of clarity?  There's a hard drive that's perfectly clear.  Are the courts really going to rule it's OK to lie to them?

 
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Sweet J said:
I dunno.  I was involved in a case at DOJ back in my practicing days where an entire team was switched out.  A huge class action case.  It started in the Environmental division at DOJ, and after a few big losses (and a contempt citation or two for the client Agency), the case was transferred to Civil. 

It could be that DOJ leadership thinks that the lawyers in Civil are more able to defend this particular issue.  That's my guess. 
Seems to be more to it than that.

https://twitter.com/hansilowang/status/1148351066108583942

Looks like almost every trial level expert at the DOJ has withdrawn. 

 
Judge refuses to allow DOJ to swap lawyers in the case.
he will eventually...

DOJ mucked up a usually semi-automatic motion, by not complying with local rules.  ACLU, and the judge called them on it.  DOJ will now respond - offer some lame excuses on why the attorney's need to be replaced, promise that they will be available to the court in the event the court grants sanctions (Which seems to be harsh if there are any individual sanctions against the old lawyers - seems like any sanctions should be reserved for the new team) - and the new lawyers will have to be up to speed immediately - and they will be soon enough.

But, its probably not the best way to start a new legal tact with the judge...

 
he will eventually...

DOJ mucked up a usually semi-automatic motion, by not complying with local rules.  ACLU, and the judge called them on it.  DOJ will now respond - offer some lame excuses on why the attorney's need to be replaced, promise that they will be available to the court in the event the court grants sanctions (Which seems to be harsh if there are any individual sanctions against the old lawyers - seems like any sanctions should be reserved for the new team) - and the new lawyers will have to be up to speed immediately - and they will be soon enough.

But, its probably not the best way to start a new legal tact with the judge...
Neal Katyal: https://mobile.twitter.com/neal_katyal/status/1148776450998382592

"Also, on DOJ being afraid of the truth, Judge Furman has required each attorney in the census case who has sought to withdraw from the case to explain why. These attys must be free to do so, without interference from Barr or others, and answer the Judge's questions w/full details."

 
Neal Katyal: https://mobile.twitter.com/neal_katyal/status/1148776450998382592

"Also, on DOJ being afraid of the truth, Judge Furman has required each attorney in the census case who has sought to withdraw from the case to explain why. These attys must be free to do so, without interference from Barr or others, and answer the Judge's questions w/full details."
I read the order.  The attorneys will offer up a lame excuse - it won't be "we are bound by ethical considerations to withdraw from representing the government in this case." It's possible, the judge requires some to stay on (I thought I read that 1 or 2 are leaving their jobs, for other opportunities). But, the lead attorneys will be the ones Barr wants.

 
Trump issuing Executive Order to include census question designed to disenfranchise non-whites.
This should be grounds for immediate impeachment.  I'm not sure that I agree with the court's ruling in the census case -- there are certainly legitimate reasons why the government might want to ask folks about their immigration status, even if the administration was obviously doing so for partisan advantage -- but simply disregarding a supreme court ruling violates the president's oath of office and should result in his dismissal.  

Congressional Democrats didn't create this situation, but they are becoming complicit by sitting on their hands.

 
Trump issuing Executive Order to include census question designed to disenfranchise non-whites.
FWIW I would wait to see the EO before people overreact to it.  My guess is that it will be something along the lines of directing the Department of Commerce to make every effort to include the question within the bounds of the law or something, which has very little legal effect and would actually harm Commerce's case in the courts (they've tried to argue that the President's racism is not material to determining their motivation to include the question because the decision belongs entirely to Secretary Ross). 

That's what he's done with a lot of other EO and in this case it allows him to save face and shift blame.

If he does issue an EO that commands Commerce to include the question without limitation, however ... big trouble.

 
Whatever happens this executive order goes to the core of Trump’s attraction to many of his supporters, which we are not supposed to talk about: the fear that white people are becoming a minority and Trump’s determination to prevent that. 

 
wait until Senate Republicans hear about this.  they are definitely going to play the "concerned" card.

 
FWIW I would wait to see the EO before people overreact to it.  My guess is that it will be something along the lines of directing the Department of Commerce to make every effort to include the question within the bounds of the law or something, which has very little legal effect and would actually harm Commerce's case in the courts (they've tried to argue that the President's racism is not material to determining their motivation to include the question because the decision belongs entirely to Secretary Ross). 

That's what he's done with a lot of other EO and in this case it allows him to save face and shift blame.

If he does issue an EO that commands Commerce to include the question without limitation, however ... big trouble.
:goodposting:     From a Fox News article:

An executive order by Trump would not, by itself, override court rulings blocking the question, but such a move could give administration lawyers a new basis to try to convince federal courts the question could be included.

 
:goodposting:     From a Fox News article:

An executive order by Trump would not, by itself, override court rulings blocking the question, but such a move could give administration lawyers a new basis to try to convince federal courts the question could be included.
Now there's a great approach: "No, Justice Roberts, the President's EO can't override this Court's decision, but the fact that he issued the EO means you should change your decision so it can go into effect."

 
Evan McMurry‏ @evanmcmurry

EXCLUSIVE: Pres. Trump is expected to announce he is backing down from his effort to include a citizenship question on the 2020 census, and will instead instruct the Commerce Department to get the data through other means, sources tell @ABC News.

:thumbup:

 
Trump doesn't seem the type of person to hold a press conference to take an L, though. My guess is he'll take the opportunity to try to scare non-citizens away from participating in the census with vague threats.

 
Trump doesn't seem the type of person to hold a press conference to take an L, though. My guess is he'll take the opportunity to try to scare non-citizens away from participating in the census with vague threats.
100% lock.

Also mixing in a bunch of boilerplate divisive trolling about the Democrats wanting to ruin America and activist judges.

 
If the census is used to determine the number of electoral votes a state receives why would non citizens count toward the number of votes?  Having the citizenship question seems logical.

 
bcat01 said:
If the census is used to determine the number of electoral votes a state receives why would non citizens count toward the number of votes?  Having the citizenship question seems logical.
One, because that's what the Constitution says about the census, as interpreted by the courts.  I think the electoral college itself is a monumentally stupid and undemocratic vestige of slavery and a bygone era that has disenfranchised people on an astronomical scale, but if a president tried to unilaterally change it I'd oppose those efforts because we don't get to pick and choose which parts of the Constitution to abide by.

Two, because the census is used for other purposes as well.  There are a lot of legal non-citizen residents of the United States; those people deserve to have their interests represented and resources allocated proportionally. Many of them even pay federal income taxes.

Three, the problem with adding the question is that it will inevitably result in an undercounting of actual citizens due to fear of deportation. Consider for example children of undocumented immigrants who is born in the United States. Those children are US citizens; however many of their parents would likely choose not to respond to the census for fear of deportation, resulting in an inaccurate count.

 
TobiasFunke said:
Evan McMurry‏ @evanmcmurry

EXCLUSIVE: Pres. Trump is expected to announce he is backing down from his effort to include a citizenship question on the 2020 census, and will instead instruct the Commerce Department to get the data through other means, sources tell @ABC News.

:thumbup:
Winner, skinner, have chicken fried steak for dinner. 

 
bcat01 said:
If the census is used to determine the number of electoral votes a state receives why would non citizens count toward the number of votes?  Having the citizenship question seems logical.
You might want to give non-citizens the right to vote but I don't.  I prefer to make them citizens then give them the rights and responsibilities other Americans have. 

 
How many times now has he threatened to do something crazy and then backed down? Seems like this is the 10th time or so this year. 

 
How many times now has he threatened to do something crazy and then backed down? Seems like this is the 10th time or so this year. 
Once a month we get something crazy and "we're 95% there with a China trade deal". Twice a month his base eats it up. Num, num, num, num, num. 

 
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That press conference was so embarrassing.

Trump: I can't do what I want to! But you should congratulate me anyhow!

Barr: Yes you failed Mr President and it was really embarrassing. But congratulations!

 
bcat01 said:

If the census is used to determine the number of electoral votes a state receives why would non citizens count toward the number of votes? Having the citizenship question seems logical.

It's literally written into the Constitution. The Founders did not distinguish between "citizens" and "non citizens". The only thing that mattered to them was "Free Persons" and "non-Free Persons".
 
FWIW I would wait to see the EO before people overreact to it.  My guess is that it will be something along the lines of directing the Department of Commerce to make every effort to include the question within the bounds of the law or something, which has very little legal effect and would actually harm Commerce's case in the courts (they've tried to argue that the President's racism is not material to determining their motivation to include the question because the decision belongs entirely to Secretary Ross). 

That's what he's done with a lot of other EO and in this case it allows him to save face and shift blame.

If he does issue an EO that commands Commerce to include the question without limitation, however ... big trouble.
Good call.

 
Three, the problem with adding the question is that it will inevitably result in an undercounting of actual citizens due to fear of deportation. Consider for example children of undocumented immigrants who is born in the United States. Those children are US citizens; however many of their parents would likely choose not to respond to the census for fear of deportation, resulting in an inaccurate count.
Maybe.  Maybe not.  I don’t know to what extent your above scenario would happen.  But that doesn’t seem like a good enough reason to not ask the question.  No one really knows how many people are here illegally.  I think the general rule of thumb is 11 million, but I’ve heard estimates as high as 20+ million and as low as 7 million.  That’s an absurd variance that could be somewhat clarified by asking the question.  One point of the census is to gather information for future policy making.  Ascertaining a better understanding of the amount of people here illegally should be something everyone should want to do.  Especially if you want to figure out an effective and efficient mechanism for them to obtain legal status.

 
How many times now has he threatened to do something crazy and then backed down? Seems like this is the 10th time or so this year. 
I think many people in the world figured out Trump was all bark and no bite going way back to the original North Korea "Crisis" when they were comparing big buttons.

I think its widely known that Trump will threaten a lot more than he will act.  So, once the threat of action is gone - nobody jumps quite as high anymore.  This is also why you should not threaten - unless you are prepared to follow-through.

 
Really?

How many people would answer that question honestly?  Maybe you get a handful of people who respond that they are undocumented immigrants - 5 or 6 tops.
I don’t know.  I’m sure some people lie about a lot of questions.  There will definitely be a margin of error.  

 
So, is this new Executive Order going to attempt to rewrite law, or desire Congress, to rewrite a law that only citizens count for the census?

He's going to attempt to have some kind of ill effect towards states that have a higher immigrant count than other states via some form of taxation in the future, federal money allotted, budgeting towards those states, something to that conclusion.

So, if Alabama has a low immigrant count, he will give them more money for projects or whatever. He's attempting to buy loyalty into his way of thinking by following what he says or the states that don't go with him will have some kind of issue. He already did it with the tax break, hurting states that don't follow him. Watch out because there is more up those sleeves of his with this.

 
Two, because the census is used for other purposes as well.  There are a lot of legal non-citizen residents of the United States; those people deserve to have their interests represented and resources allocated proportionally. Many of them even pay federal income taxes.
The government, by definition, represents the will of the citizenry.  At least, it should.  I have no issue with the census being used to apportion monies by a count of all people, but for purposes of representation it should not include those folks who have entered the country illegally.  There is no logical construct under which the current scenario makes sense.

I has created a perverse incentive, currently seen in full effect from the blue team, to admit as many as possible to boost blue state representation - largely successful.

He already did it with the tax break, hurting states that don't follow him. Watch out because there is more up those sleeves of his with this.
SALT was excellent tax policy (and I'm saying that as someone whose tax liability went well up last year).

 
I’m hearing stuff like “Trump completely caves in humiliating admission of defeat.”

What a terrible way to frame it.

”Trump agrees to follow the law” should be jarring enough.

 

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