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Commerce had said it would need to know by the beginning of July whether it could add the citizenship question *absent additional expenditures.*
So there is probably more time for Commerce to take another stab at this, if it wants to. Petitioners contended that Commerce could make it work as late as October.
And, btw, if there is an October deadline, I would absolutely expect the courts to line things up for another, expedited, appearance at SCOTUS in the new term. But that rests on the question of the actual deadline for finalizing the questionnaire.
The maj. op. would seem to allow additional agency decisionmaking, and SCOTUS did let stand subsequent amendments to questionable decisionmaking in the Travel Ban case. I'm not sure what that looks like for Commerce, though.
So there're two issues left. The first is practical: is there time left before the census questionnaire has to be finalized? If not, it's over. The second is legal: can Commerce make a reasonable explanation *other* than the VRA rationale? But, you'd think they would've by now.
On my read-through, no opinion addresses the ACLU's conspiracy theory that a secret anti-Hispanic study from 2015 animated Sec. Ross' decision to add the citizenship question. The closest we get is a reference from J. Alito to the question as being attacked as racist.pic.twitter.com/CEyQiqKbFt
I’m still not sold this really strengthens the GOP much. (As the non-citizens who may not answer are dispersed in many states and the real power play comes when maps are drawn.)
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