I’ve just written something about the latest census machinations and it is 

. Stand by
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The kicker I've just written to this
@slate piece turns my stomach.2 replies 12 retweets 53 likesShow this thread -
My new one
@Slate: The Census Case Is Shaping Up to Be the Biggest Travesty Since Bush v. Gorehttps://slate.com/news-and-politics/2019/06/census-case-john-roberts-bush-v-gore-tragedy.html …36 replies 505 retweets 815 likesShow this thread -
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The census decision is coming tomorrow from the Supreme Court. Most likely in my view is a 5-4 decision upholding the inclusion of the citizenship question, without addressing equal protection issue. Alito (if he writes) could include dicta to try to prejudge that issue.
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Alito setting a time bomb to be used in another case is one of his specialties, as I wrote about here: http://law.emory.edu/elj/content/volume-61/issue-4/thrower-symposium-articles/anticipatory-overrulings-invitations-time-bombs.html …
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If this happens, then I expect if 4th circuit (or district court) excludes citizenship question on equal protection grounds, there will a battle over the summer at the Supreme Court over the case. If that happens, the Court might decide the issue without oral argument or opinion.
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Replying to @rickhasen
How is there even a an equal protection question, when the 14th Amendment's text explicitly authorizes the federal government to know how many citizens are in each state?
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Replying to @baseballcrank
It's a 5th amendment violation to include the census citizenship question if motivated by racially discriminatory intent.
1 reply 0 retweets 0 likes
Under that view, literally every enumerated power of the federal government just boils down to motive, based on language that is not even in the 5th Amendment.
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