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Tipsheet

Trump Is 'Very Seriously' Considering This Route To Get That Key Citizenship Question On The Census

AP Photo/Alex Brandon

Of the many legal roadblocks, the citizenship question on the 2020 census was one I thought would never be one. We’ve added one before in past surveys. It’s constitutional. The Justices noted that in the recent 5-4 decision to send this back to the lower courts for review. Chief Justice John Roberts sided with the liberal wing of the court. The main problem was that the Court didn’t like the Commerce Department’s reasoning for adding the question. No doubt this was a body blow and it was even more disheartening when Commerce decided that they were going to print the surveys without the question. Again, the question itself is constitutional, but there was no time to hash this legal matter out in time. The clock was already running out. Yet, prior to the Fourth of July holiday, Trump said he ordered the Department of Justice to look into ways to add the question onto the survey. He had also mulled delaying the census until this matter can be resolved. Now, the president might just add it through executive order. As Obama said, elections have consequences and he had a phone and a pen. Yep, and that applies to any president (via Associated Press):

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President Donald Trump said Friday he is “very seriously” considering an executive order to try to force the inclusion of a citizenship question as part of the 2020 Census.

Speaking to reporters as he departed the White House for a weekend in New Jersey, Trump said the idea is among four or five options he’s considering as he pushes the issue.

“It’s one of the ways that we’re thinking about doing it, very seriously,” he said, despite the fact that the government has already begun the process of printing the census questionnaire without that question.

[…]

An executive order would not, by itself, override court rulings blocking the inclusion of the citizenship question. But such an action from Trump would perhaps give administration lawyers a new basis to try to persuade federal courts that the question could be included.

This is a key question. If you don’t have the right to vote here, you shouldn’t be counted. Sorry, only citizens should be counted and this strikes at the heart of Democratic Party power. They’ve harnessed and exploited illegal aliens for years to boost their delegations on the Hill. This could undercut that immensely, especially in California. They cannot let this happen. So, even though an executive action won’t overrule the courts per se, it will spark yet another meltdown about this presidency. That alone is worth doing. It will be great to see the liberal media have a meltdown again. And it will probably guarantee that the 2020 Democratic candidates would peddle positions to counter this move that goes so far to the left, they’ll go off the cliff. I mean they’re already insane now. 

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Do it, President Trump. 

***

UPDATE: As for the DOJ legal team, well, a Maryland judge affirmed that they're pursuing adding the question per the White House demands (via WaPo):

Government lawyers affirm administration will pursue adding citizenship question to 2020 Census, according to statement to Maryland judge. This is a developing story that will be updated.

[...]

A federal judge in Maryland overseeing one of three lawsuits on the citizenship question has given the Trump administration until 2 p.m. Friday to explain how it intends to proceed.

U.S. District Judge George J. Hazel has indicated he is poised to authorize litigants to start producing information in the case before him, which raises questions about whether the government had a discriminatory intent in asking for the addition.

In a call shortly before the 2 p.m. deadline, a Department of Justice lawyer said the government still doesn’t know what it plans to do, according to Thomas A. Saenz, president and general counsel of the Mexican American Legal Defense and Educational Fund, which represents some of the plaintiffs challenging the question.

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