Friday, June 28, 2019

Department of Commerce v. New York: Why the Supreme Court asked for an explanation of the 2020 census citizenship question


My analysis of the Supreme' Court's decision yesterday in Department of Commerce v. New York, the case involving the U.S. citizenship question on the 2020 Census, appears on The Conversation here.  The basic argument is that Chief Justice John Roberts, in joining with the four liberal Justices in sending the citizenship question back to the Department of Commerce for an explanation that is not "contrived," as he put it, acted to ensure public confidence in the Supreme Court and its legitimacy as an independent branch of government.


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