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Trump administration to appeal ruling against 2020 census citizenship question
The Hill ^ | 01/17/19 | Tal Axelrod

Posted on 01/17/2019 3:25:41 PM PST by yesthatjallen

The Department of Justice (DOJ) filed a notice Thursday declaring it is appealing a federal judge’s decision that the addition of a citizenship question to the 2020 census would be unlawful.

The notice did not give any information on the substance of the administration's appeal, but the Justice Department had argued that Commerce Sec. Wilbur Ross had the authority to add the question to the census and that in the past, the question had been included.

“Our government is legally entitled to include a citizenship question on the census and people in the United States have a legal obligation to answer,” Justice spokeswoman Kelly Laco said in a statement issued on Tuesday.

“Reinstating the citizenship question ultimately protects the right to vote and helps ensure free and fair elections for all Americans.”

Judge Jesse Furman of the Southern District of New York in a decision on Tuesday said the addition of the question to the census was “arbitrary and capricious,” and prohibited the administration from including it.

Furman, an Obama appointee, said the question would violate a statute that requires the government to collect information through “administrative records” rather than “direct inquiries” on a survey such as the census.

Critics of the administration's decision to add the question had presented evidence that it would encourage people of foreign descent who are citizens to not take part in the census. They said the administration's intent was to undercount immigrant communities and possibly reduce their resources and representation in Congress.

The census will help determine the number of congressional seats and electoral votes that each state gets, making it critical to how votes will be counted in the decade after it is taken.


TOPICS: News/Current Events
KEYWORDS: census; trump
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1 posted on 01/17/2019 3:25:41 PM PST by yesthatjallen
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To: yesthatjallen

Good on them. Its the responsibility of the admin.


2 posted on 01/17/2019 3:27:31 PM PST by KC_Conspirator
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To: yesthatjallen

Fixed at SCOTUS


3 posted on 01/17/2019 3:27:53 PM PST by Vendome (I've Gotta Be Me https://www.youtube.com/watch?v=BB0ndRzaz2o)
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To: yesthatjallen

What I’d like to see is congressional seats allocated on the basis of the number of resident citizens, rather than residents.


4 posted on 01/17/2019 3:28:49 PM PST by Zhang Fei (They can have my pitbull when they pry his cold dead jaws off my ass.)
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To: yesthatjallen

Actually the quisling judge involved stated in the order that the gubmint had the absolute authority to put the question on the census, but the Orange Guy didn’t follow proper procedure.


5 posted on 01/17/2019 3:30:05 PM PST by eyeamok
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To: eyeamok

He should not appeal this ruling. He should IGNORE this ruling.


6 posted on 01/17/2019 3:31:38 PM PST by Uncle Sham
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To: Zhang Fei

“What I’d like to see is congressional seats allocated on the basis of the number of resident citizens, rather than residents.”

I have read that if House seats were allocated in Los Angeles County by using the headcount for actual citizens only, the county would lose as many as SIX seats! And I am quite sure that this situation exists in other illegal alien $hit holes around the country with respect to major East Coast cities and most likely major population centers in Texas and Arizona.


7 posted on 01/17/2019 3:36:28 PM PST by vette6387
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To: yesthatjallen

A census, by all past historic usage of the term, is by definition, based on direct inquiry. The census is mandated by the Constitution, and can not be over ridden by simple statue. You’d think a Federal judge would understand something so basic. Oh yeah, he’s an Obama appointee.


8 posted on 01/17/2019 3:36:34 PM PST by mbrfl
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To: yesthatjallen
Critics of the administration's decision to add the question had presented evidence that it would encourage people of foreign descent who are citizens to not take part in the census.

Citizens have nothing to fear from the Census. It's non-citizens, especially those here illegally that have something to fear.

And it's the illegal non-citizens that they want us to count as citizens instead of asking the question.

However, I do like the idea of checking citizenship against administrative records. No birth certificate, you count only as an illegal, not a citizen. Not sure what age is reliable for birth certificates though.

9 posted on 01/17/2019 3:45:11 PM PST by DannyTN
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To: yesthatjallen

How about the Trump admin just ignore the ruling of this democrat political operative acting like a legitimate judge?


10 posted on 01/17/2019 3:49:15 PM PST by drypowder
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To: yesthatjallen

As long as the offending justice is forced to pay the cost of appeal from personal funds.


11 posted on 01/17/2019 4:01:11 PM PST by RideForever
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To: KC_Conspirator

Dems don’t want the public to know the real number of illegals sucking our country dry. The real number is probably 300% of the ones that have been rolled around.


12 posted on 01/17/2019 4:07:01 PM PST by nobamanomore
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To: yesthatjallen

Good, do not bow down to these black robed fascists.


13 posted on 01/17/2019 4:25:42 PM PST by Lurkinanloomin (Natural Born Citizen Means Born Here of Citizen Parents__Know Islam, No Peace - No Islam, Know Peace)
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To: vette6387

Chicongo is Mexico’s third largest city according to Luis Gutierrez.


14 posted on 01/17/2019 4:27:25 PM PST by Lurkinanloomin (Natural Born Citizen Means Born Here of Citizen Parents__Know Islam, No Peace - No Islam, Know Peace)
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To: yesthatjallen

Just put the question on it anyway.


15 posted on 01/17/2019 4:28:21 PM PST by petitfour (APPEAL TO HEAVEN)
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To: yesthatjallen
Judge Jesse Furman of the Southern District of New York

What, the 9th circuit court was busy???

16 posted on 01/17/2019 4:42:00 PM PST by jdsteel (Americans are Dreamers too!!!)
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To: Uncle Sham

“He should not appeal this ruling. He should IGNORE this ruling.”

Yup. More surrender of the power of the executive to the courts.

This is a disaster. The unconstitutional edicts from the courts are only increasing because of these surrenders.


17 posted on 01/17/2019 4:42:53 PM PST by Electric Graffiti (Cocked, locked and ready to ROCK!)
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To: Electric Graffiti

I would like to know upon what basis is this judge even issuing a ruling. Judges can ONLY rule on issues brought to court and THIS issue would require an individual with standing to be able to bring it before the court. These judges can’t just issue a ruling from whenever or whatever direction they want to. They are limited to arguments before the court.


18 posted on 01/17/2019 6:20:52 PM PST by Uncle Sham
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To: Vendome

“Fixed at SCOTUS”

in time for the census printing?


19 posted on 01/17/2019 6:21:36 PM PST by dontreadthis (A TIMELINE OF TREASON on Profile Page)
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To: dontreadthis

Prolly not.

The one part that screws them is the census board or whatever was suppose to request this three years before the census so, it may fail there.

Who knows....


20 posted on 01/17/2019 8:18:37 PM PST by Vendome (I've Gotta Be Me https://www.youtube.com/watch?v=BB0ndRzaz2o)
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