Trump ‘Thinking About’ Using An Executive Order On The Census

President Donald Trump said Friday morning that he’s “thinking about” using an executive order to force the citizenship question onto the census for 2020.


This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1233430
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How does “using an Executive Order” change anything, legally?
Is the idea here to openly defy an order from the Supreme Court?

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“Trump said Friday morning that he’s ‘thinking about’ using an executive order to force the citizenship question onto the census for 2020.”

I must’ve missed that part of the Constitution.

Where it said a President could ignore Supreme Court rulings with “an executive order”.

Who knew?

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Makes perfect senses. Damn the torpedos, full speed ahead. More of their ‘creating realities’ and making the Dem’s study and adjust to that reality.

Is it legal? Only a prolonged court battle will tell. As usual, they’re working the refs - fuck the rules. Meanwhile the census is printed and the right wing wurlitzer screams “A waste of money to reprint this!”

I think that’s ‘one of the ways’ they’re looking at. It would be true to their form so far.

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I’m not a lawyer. But they have to deal with the Md District Ct case—if they go forward discovery is certain to reveal the true motive; if they fold, why wouldn’t the plaintiffs seek an injunction particularly given the “end run around the Supreme Court” is all over the press. Can’t think of a more compelling reason to grant an injunction.
The Supreme Court case was different than the still pending District court case. If they find a way to do this, it would basically vitiate the APA, no?

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The department of commerce is currently enjoined from printing a census form with a citizenship question. Anyone participating in doing so, down to the intern at the print shop, is subject to contempt of court, and all the legal costs of dealing with it. You know trump doesn’t have their backs.

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The Constitution says the census is to be conducted “in such manner as [Congress] shall by law direct,” and the Census Act says “The Secretary [of Commerce] shall perform the functions and duties imposed upon him by this title, [and] may issue such rules and regulations as he deems necessary to carry out such functions and duties.” Trump is neither Congress nor the Secretary of Commerce, so how exactly does an EO work, other than in the traditional Trumpian way of ignoring things you don’t like?

The theory holds that the president has the power to control the entire Executive Branch, not that he is the entire Executive Branch. Under the theory he can order the Commerce Department to add the question, which is what he did, not that he can himself add the question. Of course, there is no assurance that the five adherents on the Court won’t expand the theory to hold that the president, while a Republican, can do whatever he damn well pleases irrespective of Articles I and III.

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:-/

#gettingitoutoftheway

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Sure. In a sane world - that would hold. But in a world where people mock subpoenas and get away with it? Not too clear. “Roll the press or you’re fired”. Seems to be the way the Donald works.

I’m hoping that the rule of law and common sense prevails - fear of legal repercussions. But the past record of this administration and it’s minions doesn’t lend faith to that.

Guess we’ll see how it plays out this afternoon.

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Where it said a President could ignore Supreme Court rulings with “an executive order”.

thank God he didn’t have to declare a national emergency.

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Congressional subpoenas. Eric Holder ignored one too.

Which is why we have civil service protections and those being given an unlawful order will leak it to the press and the judge.

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Trumpet mouth. The man who would be king. Or is that God?

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        Trump ‘Thinking About’ 

could of just stopped right there …

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The Criminal-in-Chief will have his mouthpieces re-submit the question to the SCOTUS, except this time, the justification presented to the Court will be “Because I WANNA!!! That’s why, you big meanies!!”

Chief inJustice John Roberts will read that, nod his head sagely, and say “Well, that’s good enough for me!” and vote with the other four traitors to allow the question to appear.

Thank FSM that Mitch McConnell will rein in the Traitor-in-Chief, or so I was told myriad times in 2016.

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Both sides!!!

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If you don’t play the way I wanna then I am going to take my ball and bat and go home.

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No, “Trump ‘thinking about’” is classic fake news so you need some context before you stop reading.

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Saying worst-case scenarios online does not make it so.
And does not make it not to be so.

It is out of the hands of optimistic folks and pessimistic folks.

But there is an objective reality out there…and the words “Two PM, Friday, July 5, 2019” figure into it.

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What an idiot.

But this is where everything is headed - the Trump Wall of Obstruction. It’s inevitable, so let’s just do now what’s coming eventually as the House starts the impeachment process, And then when requesting the unredacted MR, and other evidence they need from the DOJ to begin their ‘inquiry’ and ‘present’ their case for impeachment, the Trump Wall of Obstruction will claim Executive Privilege or some bizarre legal argument … and then BTW, say FU Congress. And that’s where we’ll wind up, sooner hopefully rather than later, as we await to hear from the Supremes on the future of the Republic.

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Just bypass any legalities. You could just have it printed as is then you and your staff could use crayons to write in the citizenship question on each form.
It just does not get any more stupid.

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