History Will Prove Justice Sotomayor’s Dissent Here… Was The Better View: Census “Pause” Case.

What this latest SCOTUS case teaches, in the main — is that our government, specifically, and exclusively under Trump and Wilbur Ross. . . lies to us, and lies to the courts — almost as a rule. In the courts below, the government swore it could not meet its deadline. Now it swears to the Supremes that it can — if it stops counting right now. But it could spend some money to both keep counting, and tabulate results already in. That it will not do — because it will show more brown and black people live in the USA — and they count for US House seats, just like all other people do, under the apportionment clause of our 14th Amendment. Charming.

Of course, A Biden administration may order a re-canvassing — to correct this. We shall see. [Backgrounder, here.] Do read it all. It is both wise and judicially modest — unlike the grant of the stay:

. . .The Government now claims that this Court’s immediate intervention is necessary because, absent a stay, the Bureau will not be able to meet the December 31 statutory deadline for reporting census results to the President. This representation is contrary to the Government’s repeated assertions to the courts below that it could not meet the statutory deadline under any circumstances. Moreover, meeting the deadline at the expense of the accuracy of the census is not a cost worth paying, especially when the Government has failed to show why it could not bear the lesser cost of expending more resources to meet the deadline or continuing its prior efforts to seek an extension from Congress. This Court normally does not grant extraordinary relief on such a painfully disproportionate balance of harms. . . .

So it goes — about twenty more days — do vote. Onward.


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