Discussion: SCOTUS Asks For Briefing On DOJ Push To Limit Evidence In Census Citizenship Case

Internal records and depositions that have been made public in the litigation have undermined that account.\


One or two cursory questions to anyone in this administration about anything they're doing automatically calls into question their rationale or reasoning for what they're up to.
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Rare to have the court intervene once the trial has started. The question whether evidence should have been limited can be decided on appeal. What harm is the DOJ alleging will occur if the evidence is released now?

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“Undermined” is a really polite word for it. The original account has been exposed as utterly dishonest.

But yeah, I do wonder about why the supremes want to be briefed now. It does suggest they are going to intervene in some unprecedented way.

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Yeah, SCOTUS, a wholly owned subsidiary of the Guardians Of Predators, wants to be “briefed” because limiting evidence when the government is on trial is always such a great idea.

Ideally, the DOJ will have evidence limited to testimony by its hand-picked census experts Dr. Sebastian Gorka and Stephen Miller.

Any idiot can see these machinations to thwart a fair hearing (AKA justice) from a mile away. Bastards.

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I suppose the House will haul him up for a hearing if the Dems will.

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WHO on the SCOTUS asked for this briefing? Someone on the court must have asked for the others to consider this action.
WHO?

My money is on; Kavanaugh.

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To the TPM lawyers: If the SC rules to include the question, is there anything Congress can do?

Poor DoJ, first Ross blamed them for the question and now they have to try and cover his ass.

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This seems truly bizarre. SCOTUS opens up a case on their own to look into an ongoing trial?
How many cases has SCOTUS thrown ouit because they do not have ‘standing’?

Anyhow, while awaiting election results, a comedic interlude-
skip to minute 8, for the best part.

The post interview chants show the mental clarity of Cruz/Trump bots, re: "Lyin Ted!’

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“What was Raymond doing with his hands?!!”

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I just saw this, and although the triumph thing is usually too dirty for me, i was nearly choking with laughter trying to laugh silently at work - especially with the “Lion Ted” chant

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It was rich, wasn’t it?

Unfortunately, it confirms what we have been saying in our house- these Trump/Cruz bots have absolutely no idea what they are cheering or booing for. It takes an insult dog to prove it.

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Very epitome of an activist court, something the right has railed about for decades.

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The Supreme Court is now considering the Justice Department’s petition
to resolve whether a “a district court may order discovery outside the
administrative record to probe the mental processes of the agency
decisionmaker.”

I’d phrase it differently:

The Supreme Court is now considering the Justice Department’s petition to resolve whether a “an agency decisionmaker can exclude evidence of his mental processes from discovery by keeping that evidence out of the administrative record."

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IANAL, but my understanding is that congress, which is ultimately in charge of the census, can make whatever rules it pleases. Best place would be the budget, where any addition of the question could be defunded. But that would still have to get through the senate and whatsisname.

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