The Census Matters

The U.S. Constitution authorizes Congress to carry out the census. Census forms included a citizenship question from 1820 until 1950 and, arguably, between 1960 and 2000. The current controversy stems from what’s at stake. The federal government uses census data to divvy up the 435 members of the U.S. House of Representatives amongst the 50 states, and with them, Electoral College votes. Census data is also used to disburse federal program funds: In fiscal year 2016 over $900 billion was sent back to the states. The stakes are huge.

If there is a path the Trump team will find it

Twelve states filed lawsuits to suppress the question, claiming it discourages illegal immigrants from responding. The Democrat party relies on this non-citizen population for election victories. If non-citizens went uncounted, population-based congressional districts would change. The results could be devastating. A few safe blue seats could become competitive or even turn red. States with large noncitizen populations could lose congressional seats and corresponding Electoral College votes. The Supreme Court’s surprise 5-4 ruling blocked the question for now.

Return of Supreme Court Activist Justice Roberts

Chief Justice Roberts cast the deciding vote and is still, apparently, reading minds (see: “Obamacare is a tax”). Roberts called the Trump administration’s reason for including the question “contrived” but the court did give them another chance to submit additional rationale. Justice Thomas cried foul in his dissent: “The high court invalidated government action because of a decision-maker’s suspect motives.” Justice Alito branded the ruling as, “today’s regrettable decision.”

The Trump administration is reviewing “all available options” for adding the question. President Trump said he is considering an executive order to allow the citizenship question. The administration will continue looking for a legal justification for including a citizenship question. “We’ll see what happens,” said President Trump. Jody Hunt, assistant attorney general for the Civil Division, said, “We think there may be a legally available path under the Supreme Court’s decision.” If there is a path the Trump team will find it because, as we now know, Trump never quits.