The latest evidence is embodied in the effort to prevent the administration from including a question about immigration status in the 2020 Census, which is due to launch in less than two years.
A federal judge on the 9th Circuit, an Obama appointee, ruled Wednesday that the administration doesn’t have the authority to impose the question, though of course, it does because the law governing the administration of the constitutionally required census count every decade is clear.
How clear? This clear: A question about citizenship status was included in every Census Bureau questionnaire until 1950, when the question of birthright country and current citizenship status was still asked but in a different way or on a form other than the one sent to all U.S. households.
And yet, according to U.S. District Judge Richard Seeborg of the Northern District of California, the question is simply impermissible because Commerce Secretary Wilbur Ross (Commerce conducts the Census) didn’t give a good reason for adding it.
You read that right. A federal judge actually ruled against the government’s lawful, legal ability to define the Census questionnaire on the basis that he didn’t believe the justification was ‘good enough.’
Oh, and because Trump and his team are nothing but racists and bigots who threaten our country.
“Secretary Ross’s reliance on Voting Rights Act enforcement to justify inclusion of the citizenship question was mere pretext and the definition of an arbitrary and capricious governmental act,” Seeborg wrote in his ruling, claiming that including a citizenship question “threatens the very foundation of our democratic system.”
“Moreover, Secretary Ross’s conclusion that adding the citizenship question would enable the Census Bureau to obtain more ‘complete and accurate data’ in response to the Justice Department’s request is not only unsupported, it is directly contradicted by the scientific analysis contained in the Administrative Record,” Seeborg continued.
It isn’t unexpected at all that yet another Left-wing judicial activist appointed by a Left-wing activist president would rule against the very Republican Trump administration. What’s shocking or, at least, should be, is the judge's willful ignorance of the law and our founding principles.
America isn’t a democracy though that’s what the Left always calls our country. It’s a representative republic; if it were a democracy, then we’d have mob rule and we don’t (yet).
Also, it’s not a federal judge’s place to decide whether an Executive Branch agency — the Justice Department and the Commerce Department, in this case — has shown ‘justification’ for requesting certain information on the Census. The question is whether the Executive Branch is legally or constitutionally permitted to request and obtain it, and by all reasonable analyses of the Constitution and U.S. codes, the government most certainly does have an interest in determining who is and isn’t in the country legally.
Whether people are in the country illegally or not doesn’t even matter for the purposes of the Census; according to the Constitution and by law, every person must be counted, because that’s how House seats are apportioned.
Which brings us to why the state of California filed this lawsuit.
If Judge Seeborg should be suspicious of any party’s motives, it ought to be those of California’s Democrats. After turning the state into a giant illegal alien sanctuary, Democrats are afraid that a Census Bureau question asking about citizenship will lead many illegal aliens to avoid the questionnaire — thus cutting California’s representation in Congress, and likely preventing many illegals from voting. (Related: Confirmed: California is protecting over 5,000 illegal alien criminals by refusing to hand them over to federal authorities.)
This ruling, like all of them from the 9th Circuit, will be overturned once it reaches the Supreme Court because, again, the administration has every right to ask a citizenship question. The problem is will the case be adjudicated in time for the Census questionnaires to be printed and sent out?