The Supreme Court’s conservative justices signaled possible support Tuesday for the Trump administration’s bid to ask about citizenship on the 2020 census, during a high-stakes argument where partisan lines were quickly drawn.
While the liberal justice peppered the government with questions about the plan, the conservative justices were mostly silent during arguments, in a sign the conservative majority could hold in the administration’s favor in the closely watched case.
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At issue is the level of discretion Secretary of Commerce Wilbur Ross — who oversees the U.S. Census Bureau — has to change information contained in the once-a-decade population count.
Three federal courts have blocked the Commerce Department from adding the citizenship question, ruling that Ross violated federal law in the way he went about trying to include the question for the first time since 1950.
It is a major fight over executive power with stark implications for the fight over immigration, and for national elections. Critics say adding the question would discourage many immigrants from being counted. How the justices rule could affect how many seats states have in the House of Representatives and their share of federal dollars over the next 10 years.
The 85-minute oral argument Tuesday grew testy at times, with several on the bench interrupting counsel repeatedly, and others offering lengthy explanations of their legal positions.
The four left-leaning justices pressed the solicitor general for the Justice Department to explain the reasoning behind the citizenship question, noting experts at the Census Bureau have said the citizenship question could lead to an undercount of as many as 6.5 million, especially in urban areas.
Justice Sonia Sotomayor said there was “no doubt” many in the immigrant community would be discouraged from participating, and that the result “is about 100-percent that people will answer less.”
But several justices on the right questioned whether the citizenship question alone would cause an inaccurate census, saying the survey routinely asks a range of questions on the form, beyond the number of people in a household.
Chief Justice John Roberts noted a person’s sex and age are also included.
A coalition of states led by New York, along with several cities, and civil liberties groups brought the legal challenge before the high court, and federal judges around the country have ruled against the administration.
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The federal government and 17 other states say it is needed to help enforce the Voting Rights Act.
One of the foundational requirements of the federal democracy, the census holds enormous political, social, and economic weight. The makeup of Congress and other elected offices, as well as the distribution of taxpayer funds are directly determined by the population count, and the numbers offer a broad canvas into the nation’s racial, regional, and cultural identity.
The Constitution’s Article I, Section II requires a count of the population every 10 years, “in such Manner as they [Congress] shall by Law direct.”
The case is Department of Commerce v. New York (18-966). A ruling is due by late June, and the deadline is tight, to ensure the census forms–whether amended or not– are printed and distributed in time.
The Associated Press contributed to this report.