tv SCOTUS Blog Co- Founder Amy Howe on Census Citizenship Question Ruling CSPAN June 28, 2019 12:42am-12:52am EDT
speaking at the rainbow push coalition annual convention in chicago. and the senate returns at 5:00 a.m. to vote on an amendment for the national defense authorization act that would require congress to approve any military action against iran. and at 12:30 pm on c-span3, a panel of journalists will look at major cases and how the media covers them. seam court issued a ruling that blocked the trump administration running a citizen question to the census. in a few minutes, we will show you the argument in its entirety, but first, an interview with amy howe on details of the ruling.
essenceroberts said in that normally, courts will defer to a decision by an administrative agency, as long as it is reasonable. there is a wide latitude we will give you, but in this case, it really seems like the decision to include a question about ofizenship, the explanation the department of commerce gave was a pretext. they said they wanted the data of citizenship to better enforce
federal voting rights laws and that the department of justice had requested it, but when you look at the evidence in the case, it looks like the department of commerce started talking about including the question on the census pretty much immediately after the inauguration and effectively went out shopping for someone who would ask it for the data, so that they would have a reason to use the question. >> that is a complex opinion. other justices also wrote, concurring in part. amy: some of the justices would have deferred altogether to the agency's decision, just as stephen breyer would have not deferred to the agency at all. so they are all over the map. but five justices were able to come together and send the case
back to the department of commerce. it is interesting, because the federal government has been telling the supreme court for some time that it needs to act quickly, because it needs a final ruling on whether it can include a question about citizenship on the 2020 census by the end of june, just a few days away, so it can finalize the questionnaire and start printing the form. so the supreme court did not say that in the end, the department of commerce can use the citizenship question, it just means they have to come up with a better explanation. so the clock is ticking. battlesee farther court of the next few months. >> and there is another case on the census question in the fourth circuit. does that come into play later on? what is the next step for this case and potentially others?
amy: this case will go back to the department of commerce and they will have to decide what they want to do and how quickly they want to move. there is another case going on right now in the maryland district court that is a different question than what was before the supreme court, whether or not the secretary of commerce wilbur ross added the question because he wanted to discriminate against hispanic voters. there is a whole separate drama with evidence that was discovered recently in the files of a north carolina redistricting specialist. the maryland district course had ruled against the challengers on this question but has now indicated a willingness to reopen the case, to reconsider the question in light of new evidence.
the fourth circuit said the appeal back to get a chance to reconsider the case in light of the new evidence. last night, the challenge in that case asked the district course to pamper rarely lock the government from including the question on the census and the district judge ordered the district to respond by 8:00 tonight. with thelear interaction between the two cases will be. ended but isas hear any chance they could the case this summer? be very unusual for the supreme court to hear oral arguments of the summer. i suspect in the maryland case, the government will say because the supreme court has ordered
the government to go back to the commerce department, it is not clear what effect it will have on the case. but it is very unusual for them to hear course -- your cases over the summer. if that case were to go on, another possibility would be that it could hear oral arguments when they come back from the summer recess. the challenge is to get the supreme court to send the case back and the supreme court has said that they can act as late as october 31 as long as they have extra funds. so they could hear arguments at the beginning of october, if they wanted to. there's a lot of speculation and uncertainty. >> the next term is not until
october. any particular petitions you were looking at that could come before the court next term that are huge? amy: we are watching several closely. one, the justices likely to hear today and tomorrow, a group of petitions filed by the federal government involving the child administration's decision to end dhaka. the program was started during the obama administration. it allowed undocumented children to get drivers licenses and work in the country legally. the trump administration decided to end the program in several different courts across the country blocked the administration and asked the justices to review those decisions and allow it to in the
daca programs. we could hear whether they will review those tomorrow. the supreme court could decide it is not going to hear those cases and send those cases back to the lower court. keeping a close eye on , ins involving an abortion particular a case out of louisiana, the supreme court had already stepped in earlier this year and blocks the state from enforcing a law that the plaintiff said would shut down abortion clinics in the state, which is similar to a texas law in where it was unconstitutional when justice kennedy was still on the court. said the supreme court will be reviewing the challengers caseite -- petition in the
probably when they come back from the summer resource in october. >> amy, thank you so much. announcer: next, the oral argument for the department of commerce versus new york from april. this is one hour 25 minutes. chief justice roberts: we'll hear argument this morning in case 18-966, the department of commerce versus new york. general francisco. francisco: mr. chief justice, and may it please the court: in march 2018, secretary ross reinstated a citizenship question that has been asked as part of the census in one form or another for nearly 200 years. the district court's invalidation -- justice sotomayor: i'm sorry. general francisco: -- of that decision was wrong for -- justice sotomayor: i'm sorry, it's not been a part of the survey, which is where he reinstated it, since 1950. and for 65 years, every secretary of the department of