Today, the Supreme Court unthinkably shut the doors on protecting our democracy from self-interested legislators trying to silence voters.
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But this thread is about the important *other* decision Justice Roberts wrote today, where he upheld the basic concept of a transparent government.
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Justice Roberts admitted that the Court could not close its eyes to the bad faith all over the record of Secretary Ross' decision to add a citizenship question to the 2020 Census
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"We are presented, in other words, with an explanation for agency action that is incongruent with what the record reveals about the agency’s priorities and decisionmaking process. ... [W]e cannot ignore the disconnect between the decision made and the explanation given."
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Our review is deferential, but we are “not required to exhibit a naiveté from which ordinary citizens are free.”
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Justice Roberts is right that if they accepted Secretary Ross' plain lies about why he adopted the citizenship question, judicial review under the APA would be an "empty ritual"
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On this painful day for our office and for democracy, I'm heartened that people in this country will be counted if nothing else.
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End of conversation
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What about the latest evidence that surfaced? Ross should look carefully at how well Manafort has held up in prison and decide if that’s the path he wants to take.
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