https://thefederalist.com/2019/07/15/john-roberts-citizenship-decision-legally-politically-corrupt/
Are we a nation of laws or a nation of men? Previously, the most radically leftist federal judges had failed this test on cases pertaining to the Trump administration. Now the highest court in the land has joined them.
The fight over whether the simple question, “Is this person a citizen of the United States?” could appear on the 2020 U.S. census already implicated major issues of public policy, including immigration, national sovereignty, and voting rights. But the Supreme Court’s recent ruling on the matter has now transcended these issues to challenge the rule of law itself, once again raising the question: Who is really “violating norms,” “undermining institutions” and creating “constitutional crises”—President Trump, or his Resisters?
The majority opinion in Department of Commerce v. New York, delivered by Chief Justice John Roberts, reads like former FBI director James Comey’s infamous statement regarding former secretary of state Hillary Clinton’s email server. It presents a methodical, compelling case that should result in a just decision, only to undo the case on the most baseless of grounds.
It’s Constitutional, But We Don’t Care
Roberts’ opinion affirms that including a question about citizenship in the decennial census is constitutional, writing that the “Enumeration Clause…permits Congress, and by extension the Secretary [of Commerce], to inquire about citizenship on the census questionnaire.” It affirms that the process by which it was to be reinstated was “reasonable, and reasonably explained,” consistent with the Administrative Procedures Act (APA). That should have been the end of it.
As Justice Clarence Thomas put it in a separate opinion: “Our only role in this case is to decide whether the Secretary complied with the law and gave a reasoned explanation for his decision. The Court correctly answers these questions in the affirmative…That ought to end our inquiry.”
But just as Special Counsel Robert Mueller’s finding of “no collusion” did not end his inquiry into obstruction, in the case of the census citizenship question, the Supreme Court soldiered on in its farcical quest. Stealing defeat from the jaws of victory for the Constitution and the country, Roberts said that in spite of the census citizenship question’s lawfulness, the Trump administration could not ask it.