Judges Push DOJ On Why They Shouldn’t Tackle Trump’s Anti-Immigrant Census Policy Now | Talking Points Memo

A lawyer for the Trump administration provoked palpable frustration Thursday from at least one of the three judges in New York who are considering a challenge to President Trump’s new anti-immigrant census policy.


This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1330350
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At this point no judge who is not a trumpie hack or Karen “yes that type of Karen” Henderson and Thomas “torture is good” Griffith is buying the crap that Bill Barr’s DOJ is selling…

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“The uncertainty can’t be self-induced.”

Judge Wesley has Trump’s number, that’s for sure.

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Can we count any undesirable others as 3/5s. Like when we were great?

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While I realize that judges need to be judicious and fair in their consideration of matters before them, I fail to understand why, time after time, they have come to tolerate an endless stream of absurd, disingenuous, and disruptive claptrap arguments from the clown show that is Trump and Barr’s DOJ.

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No sentient person could doubt the blatant unconstitutionality of the proposed rule.

It’s also racist as hell.

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The Trump administration wraps itself in the cloak of “law and order” and “Christian values.” What a farce on both counts!

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I just wish there were some open 5th floor windows involved in any DOJ pushing.

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What a tyrant Trump is…0/5ths count for the immigrants…really?

Hint to the judge…delay is Trumpy’s game!

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When a Judge is good…they are fucking fantastic!

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Furman ended the hour and a half long hearing with a promise that the panel would issue a decision “as soon as we can.”

Nice to see a court recognize timeliness issues. Of course, with attitudes like that, none of these three judges is suitable for the supreme court.

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Of course the Trump administration ants to wait, they figure that they can push the policy into place and then it will be too late for the courts to do anything about it. They might not be wrong about that, though the courts could stop everything pretty quickly in January after the policy is implemented, but with those numbers as the reported numbers the case to change them becomes more difficult. Biden and the Democratic Congress could step in and pass a law to undo that, or to fix errors before apportionment is considered complete, but that will lead to Republican lawsuits. It’s really better to stop this policy before it has a chance to set roots.

The biggest worry is how Roberts will figure out how to screw the Census up to help Republicans hold power…he’s just itching to do that, but it has to be in a way that allows him to paper over the appearance of the crass political maneuver that it will be.

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I find it truly astonishing that there would be any question as to the unconstitutionality of this rule, based on the clear text: “…which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.” as modified by the Fourteenth Amendment. Nothing in there about citizenship, just the word “persons.” Come on now…are undocumented residents not “persons”??

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Thanks for posting all the exact, original wording.

Let’s face it…the founders didn’t think of the “three fifths of all other Persons” as citizens, so citizenship has never been a part of this mandate.

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But the beauty of the document is that it can (and has been) amended; the 14th took care of the 3/5th’s Clause. So much for “originalism.”

[From Amendment XIV, Section 2: Section 2.

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed."] (emphasis added.)

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Oh absolutely, in fact, we were just discussing the beauty of the constitution’s construction on another thread.

I’m just saying they do NOT have an originalist leg to stand on.

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This. Roberts sometimes makes figleaf votes on things like gay rights or decisions that weren’t going to be 5-4 in order to provide cover for his guaranteed decisions: ones that perpetuate structural enablers of republican minority rule.

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Sometimes, in my experience, judges let the attorneys go on and on to make their record. It can work against an attorney who will appeal and reveal what an ass he is to the justices

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According to Border Patrol personnel, they’re “tonks”.

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Derived from the sound of a six-cell flashlight applied to the noggin. This is real, I attended Immigration Officer training many years ago, and it was conducted at the Border Patrol Academy. Got that from one of the instructors.

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