SCOTUS Punts On Trump’s Anti-Immigrant Apportionment Policy | Talking Points Memo

The Supreme Court’s conservative majority said Friday the question of whether President Trump’s anti-immigrant apportionment is legal was not yet ready for its review.


This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1350050
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Geez, in plain English what does this mean? No, immigrants can’t be excluded? Maybe they can, but that’s yet to be decided? Yes, they can if Trumpy files another brief?

What a mess! Thanks for nothing, SC!

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Fair question. Here’s the key:

The court, however, reversed a lower court’s decision blocking the Commerce Department, which oversees the census, from taking certain steps to implement the policy.

The court’s three Democratic-appointed justices dissented from the decision and would have let lower court ruling stand.

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So they threw out Trump’s craziness but punted on asserting that the words “total population” actually mean total population in order to cement long term Republican advantage. Just as we all knew they would.

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So then argument continues on how to count the invisible?
It’s like Republicans want to make it harder to know how many people are physically here in the country.

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Punt? By lifting the injunction SCOTUS just gave tRump and krewe the ball and said go have fun. The damage they do will be hard to discern let alone fix.

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Let’s just hope the bureaucracy can delay another month and 2 days.

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Strange headline, I agree.

 

And welcome!

image

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It means Commerce can do whatever it wants, and then whatever that is can be challenged in regular course.

It also means the Roberts, et al. are hoping saner heads prevail so they don’t have to deal with this bullshit.

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So are they essentially saying “let’s wait and see if this thing works before we say it’s ok”.

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This is not directly relating to this story, but…Democrats in GA really need to vote in this runoff election.

Remove Mitch as a dominating factor in this government.

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Here’s my interpretation:

They’re gonna wait that ‘review’ until next term and lay it at Biden’s feet.

While I’m here and OT. this is the newest soap at the farm, available around Valentine’s Day:

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Good chance he’ll issue a preemptory pardon to Trump Org. Chief Financial Officer, Weisselberg.

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Seems like a whole lot of nothing. Both sides of this decision are right in both the application of law and precedent. But the decision to “punt” versus just take a knee on the last play of the first half on 4th down with one second remaining just isn’t that important. Time is going to run out either way with nothing happening. Sure, if you punt the other team could run it back for a score, but that’s so unlikely as to not be a major consideration.

The analogy holds. Biden will be president prior to any census numbers coming out, and Ds will hold the House and base apportionment on the full count. So this disgraceful power-grabbing initiative by Trump and his backers is going nowhere for this decade anyway.

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Moving this to a different population makes it easier to see just how bad this is.

Trump: “I’m going to exclude all black people from the apportionment numbers.”

Court: “Well, let’s wait and see how many he is able to identify. After all, it’s hard to say who is black and who isn’t. Then maybe later we’ll decide if this is unconstitutional.”

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Election rigging in broad daylight. Man down on 5th Ave…

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Hope you’re right but it seems that removing the injunction might indicate how they’ll rule next time a Republican admin tries this.

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We cannot afford a next Republican administration…not for a while. 2024 is more important than even 2020.

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Will that help Trump is some way? Weisselberg is currently embroiled in the state investigation of the Trump Org and I thought the current pressure on him was potential state prosecution.

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I’m not sure. As I read it, they found that the plaintiffs had no “standing,” which means that the lower court had no jurisdiction to issue an injunction. So I don’t think there was any way to leave the injunction in place.

But I agree with you that it’s not beyond this current court to redefine person if they get a chance.

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