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'Dirty lawyering in court and dirty journalism': Gabriel Malor examines census citizenship question legal battle

Whether or not a citizenship question will be included in the 2020 census is in the hands of the Supreme Court, but the people who oppose it have been fighting hard against it, fearing that illegal immigrants won’t fill out the census, won’t be counted, and thus won’t have an impact on things like federal funding and allocation of House seats.


The ACLU announced back in April that they were headed to the Supreme Court to fight against its inclusion, posting an “elevator pitch” video with all the talking points you might need. The ACLU estimates that 6.5 million people — more people than the population of Tennessee — won’t fill out the census if the citizenship question is on there. But do we want to apportion a state’s worth of representatives to non-citizens? That’s a rhetorical question; we don’t, but Democrats do.

Here’s how Mother Jones is framing the whole thing:

Calm down.

There’s also a story floating around (in places as big as The New York Times) that the Trump administration did a secret study to determine if a citizenship question should be added. Attorney Gabriel Malor has been following the case and thinks SCOTUS should slap it down.


The Department of Commerce wrote in asking the court to dismiss the “new” evidence:

According to private respondents, a years-old document allegedly discovered among the personal effects of a deceased private citizen, Dr. Thomas Hofeller, somehow proves that he was the true mastermind behind the Secretary of Commerce’s decision to reinstate a citizenship question to the 2020 decennial census — and all because Hofeller allegedly wrote an unrelated and cryptic paragraph in a separate letter that someone else gave to the Department of Justice (DOJ) official who later drafted the formal request to the Census Bureau requesting a citizenship question.


But aside from that, totally true.

Something tells us they will.




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