[EL] Breaking census news; more news

Tue Jun 25 11:06:25 PDT 2019

Breaking: 4th Circuit Remands Census Citizenship Case Raising Equal Protection Issues Not Before SCOTUS to Look at Hofeller Evidence to Show Government Discriminatory Intent; Concurring Judge Suggests New Injunction Against Including Question<https://electionlawblog.org/?p=105772>
Posted on June 25, 2019 11:04 am<https://electionlawblog.org/?p=105772> by Rick Hasen<https://electionlawblog.org/?author=3>

This order<https://www.documentcloud.org/documents/6168222-4thcensus.html> (via Lawrence Hurley) means that the district court can consider the new Hofeller evidence to determine whether it shows the government acted with racially discriminatory intent in including the citizenship question on the census. And then the case would go right back to the 4th Circuit.

This question is NOT before the Supreme Court right now, although DOJ suggests that the Supreme Court do something to moot this question. Assuming the Court doesn’t resolve it, then the litigation over the question will continue and will be back before the Supreme Court on an emergency basis over the summer.

Concurring Judge Wynn gives all kinds of suggestions about how the district court should examine discriminatory intent and perhaps issue an injunction to stop the inclusion of the question.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D105772&title=Breaking%3A%204th%20Circuit%20Remands%20Census%20Citizenship%20Case%20Raising%20Equal%20Protection%20Issues%20Not%20Before%20SCOTUS%20to%20Look%20at%20Hofeller%20Evidence%20to%20Show%20Government%20Discriminatory%20Intent%3B%20Concurring%20Judge%20Suggests%20New%20Injunction%20Against%20Including%20Question>
Posted in census litigation<https://electionlawblog.org/?cat=125>, Supreme Court<https://electionlawblog.org/?cat=29>

DOJ Replies to Latest Plaintiffs’ Letter in SCOTUS Census Case<https://electionlawblog.org/?p=105770>
Posted on June 25, 2019 10:12 am<https://electionlawblog.org/?p=105770> by Rick Hasen<https://electionlawblog.org/?author=3>

Read it here.<https://www.supremecourt.gov/DocketPDF/18/18-966/103988/20190625110441312_Letter%20Response%2018-966.pdf>
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D105770&title=DOJ%20Replies%20to%20Latest%20Plaintiffs%E2%80%99%20Letter%20in%20SCOTUS%20Census%20Case>
Posted in census litigation<https://electionlawblog.org/?cat=125>, Department of Justice<https://electionlawblog.org/?cat=26>, Supreme Court<https://electionlawblog.org/?cat=29>

House Democrats’ Report on Census Question Shows Early White House Involvement, Effort to “Avoid Phones” in Setting Groundwork for Citizenship Question<https://electionlawblog.org/?p=105768>
Posted on June 25, 2019 9:22 am<https://electionlawblog.org/?p=105768> by Rick Hasen<https://electionlawblog.org/?author=3>

Hansi Lo Wang<https://twitter.com/hansilowang/status/1143444217857024002>:
View image on Twitter<https://twitter.com/hansilowang/status/1143444217857024002/photo/1>
[View image on Twitter]<https://twitter.com/hansilowang/status/1143444217857024002/photo/1>
[https://pbs.twimg.com/profile_images/957796956906115073/8uFCZbZd_bigger.jpg]<https://twitter.com/hansilowang>
<https://twitter.com/hansilowang>
Hansi Lo Wang<https://twitter.com/hansilowang>
✔@hansilowang<https://twitter.com/hansilowang>

<https://twitter.com/hansilowang/status/1143444217857024002>

NEW: House @OversightDems<https://twitter.com/OversightDems>' report on holding AG William Barr & Commerce Secretary Wilbur Ross in contempt for #CitizenshipQuestion<https://twitter.com/hashtag/CitizenshipQuestion?src=hash> investigation says emails "suggest that the White House was engaged" on question in early 2018 (from p.16 of PDF)[👇]https://oversight.house.gov/sites/democrats.oversight.house.gov/files/census-contempt-report.pdf …<https://t.co/NCfzcFS0zG>?
<https://twitter.com/intent/like?tweet_id=1143444217857024002>
58<https://twitter.com/intent/like?tweet_id=1143444217857024002>
2:02 AM - Jun 25, 2019<https://twitter.com/hansilowang/status/1143444217857024002>
<https://twitter.com/hansilowang/status/1143444217857024002>
43 people are talking about this<https://twitter.com/hansilowang/status/1143444217857024002>

Twitter Ads info and privacy<https://support.twitter.com/articles/20175256>
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D105768&title=House%20Democrats%E2%80%99%20Report%20on%20Census%20Question%20Shows%20Early%20White%20House%20Involvement%2C%20Effort%20to%20%E2%80%9CAvoid%20Phones%E2%80%9D%20in%20Setting%20Groundwork%20for%20Citizenship%20Question>
Posted in census litigation<https://electionlawblog.org/?cat=125>

“Our next election is dangerously vulnerable, a top Democrat warns. Does Trump care?”<https://electionlawblog.org/?p=105766>
Posted on June 25, 2019 8:24 am<https://electionlawblog.org/?p=105766> by Rick Hasen<https://electionlawblog.org/?author=3>

Important Greg Sargent interview <https://www.washingtonpost.com/opinions/2019/06/25/our-election-is-dangerously-exposed-sabotage-top-democrat-warns-does-trump-care/?utm_term=.2f582a418be5> with Sen. Wyden.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D105766&title=%E2%80%9COur%20next%20election%20is%20dangerously%20vulnerable%2C%20a%20top%20Democrat%20warns.%20Does%20Trump%20care%3F%E2%80%9D>
Posted in chicanery<https://electionlawblog.org/?cat=12>, election administration<https://electionlawblog.org/?cat=18>, Uncategorized<https://electionlawblog.org/?cat=1>, voting technology<https://electionlawblog.org/?cat=40>

“In Supreme Court census case, chief justice’s priorities are colliding”<https://electionlawblog.org/?p=105764>
Posted on June 25, 2019 7:38 am<https://electionlawblog.org/?p=105764> by Rick Hasen<https://electionlawblog.org/?author=3>

Ronald Brownstein for CNN:<https://www.cnn.com/2019/06/25/politics/census-citizenship-question-john-roberts/index.html>

But on cases affecting the core electoral interests of the two parties — like the decision impending this week on whether the Trump administration can add a citizenship question to the 2020 census — Roberts has conspicuously deviated from that pattern. He has repeatedly joined in 5-4 Supreme Court decisions that align all the Republican-appointed justices against all the Democratic-appointed ones on cases that set the underlying rules of political competition, from campaign finance to voting rights. And on those cases, critics say, he has consistently voted with the other GOP-appointed justices to produce rulings that benefit the Republican Party’s electoral interests.

“One thing Roberts has been consistent about is his willingness to take extreme stances to undermine long-standing rules of democracy,” says Michael Waldman, president of the Brennan Center for Justice at New York University, a group that advocates for expanded voting rights. “We all are impressed by his institutionalism and his deftness at steering the Supreme Court away from making it such a central partisan topic, such as in the ACA case. The democracy issues are where the court has been most aggressive, and he has not been a temporizing swing vote but an ardent activist.”

The census case<https://www.cnn.com/2019/06/24/politics/citizenship-census-2020/index.html>, Department of Commerce v. New York, crystallizes these issues even more than the earlier electoral decisions in Roberts’ tenure because his role on the court has changed. With the retirement of Anthony Kennedy, a President Ronald Reagan appointee who often functioned as the court’s swing vote, and his contentious replacement last year by the more reliably conservative Justice Brett Kavanaugh<https://www.cnn.com/2018/10/06/politics/kavanaugh-final-confirmation-vote/index.html>, Roberts has become the closest thing to a swing vote on the court, legal analysts agree. That means a party-line decision supporting the Trump administration on the census case would more clearly bear his stamp — and thus more directly undercut his attempts to portray the court as nonpartisan.

Richard Hasen, a law professor at the University of California at Irvine who specializes in election law, says that “historically … it has been mostly true” that Roberts has consistently voted to uphold the GOP’s core interests in cases that affect the rules of politics. But, Hasen says, “He’s in a different position now. He’s been the chief justice for a decade but only now is he a swing justice and only now is he on a court when all the conservatives are Republicans and all the liberals are Democrats.”

<https://www.cnn.com/2019/06/24/politics/john-roberts-first-amendment-fuct/index.html>Citing the formulation in the recent biography of Roberts by CNN legal analyst Joan Biskupic<https://www.cnn.com/2019/03/21/politics/john-roberts-obamacare-the-chief/index.html>, Hasen says the census case “will be a great test … of which Roberts is going to show up: the movement conservative Roberts or the pragmatic instituitionalist Roberts.”
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D105764&title=%E2%80%9CIn%20Supreme%20Court%20census%20case%2C%20chief%20justice%E2%80%99s%20priorities%20are%20colliding%E2%80%9D>
Posted in census litigation<https://electionlawblog.org/?cat=125>, Supreme Court<https://electionlawblog.org/?cat=29>

--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org<http://electionlawblog.org/>
[signature_913322141]
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20190625/cb0cf2c3/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 2021 bytes
Desc: image001.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20190625/cb0cf2c3/attachment.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 93718 bytes
Desc: image002.jpg
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20190625/cb0cf2c3/attachment.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 3329 bytes
Desc: image003.jpg
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20190625/cb0cf2c3/attachment-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 467 bytes
Desc: image004.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20190625/cb0cf2c3/attachment-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.png
Type: image/png
Size: 25207 bytes
Desc: image005.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20190625/cb0cf2c3/attachment-0002.png>