Kavanaugh Replacing Kennedy Locks in Partisan Gerrymandering

Jun 29, 2019, 01:02
Kavanaugh Replacing Kennedy Locks in Partisan Gerrymandering

Roberts, appointed by Republican President George W. Bush in 2005, sided with his fellow conservative justices in rejecting challenges to a practice called partisan gerrymandering but joined the court's liberals in dealing to a damaging blow to President Donald Trump's plan to add a contentious citizenship question to the 2020 census. The court's other conservatives were ready to, in the words of Justice Neil M. Gorsuch, "say goodbye" to the decisions.

The 5-4 court ruling overturns a MI decision delivered last April that state lawmakers would have to redraw the state's districts by August, ahead of the 2020 election. Census figures have an impact on everything from housing to education.

In January, a NY federal judge agreed with Healey that a question on citizenship would result in a population undercount and would harm representation, according to a statement. With that prospect now much less likely, Murphy might feel comfortable in using the line-item veto on that spending.

"That intervention would be unlimited in scope and duration-it would recur over and over again around the country with each new round of districting, for state as well as federal representatives", he said.

The Court unanimously agreed that the Census Bureau, directed by the Department of Commerce, was within its rights in deciding what to include on the decennial questionnaires that are sent to every United States household. The most recent estimates from the Census Bureau put New Jersey's population at 55 percent non-Hispanic white. Printing of census forms is supposed to begin next week.

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As to the census citizenship question, this was unquestionably an embarrassing setback for the Trump administration and Commerce Secretary Wilbur Ross.

Republican strategist Thomas Hofeller, now deceased, had documents on his hard drive providing evidence of direct contact between himself and a top census official who was involved in the consideration of the citizenship question.

The Trump opponents demanded that the case be sent back to lower courts for more investigation.

The Supreme Court - considering the scope of the 21st Amendment, which repealed Prohibition in December 1933 and gave states the authority to institute alcohol regulations - affirmed by a 7-2 vote a lower court decision from February 2018. "It is time to focus all our attention on getting the most accurate count possible".

The Supreme Court, in a 5-4 ruling, said federal judges have no role in policing partisan redistricting, effectively removing the courts from the process and leaving controversial congressional maps in North Carolina and Maryland in place.

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The case is Department of Commerce v. After the retirement of nearly-centrist Justice Anthony Kennedy past year, followed by President Trump's nominations of highly-conservative Justices Neil Gorsuch and Brett Kavanaugh, the court has swung considerably further right and cemented a conservative majority.

The Constitution requires the Census to be collected every 10 years.

"Our national count is sacred, and Trump's attempt to corrupt it is born of divisive racism to further imbalance our political system towards rural areas at the expense of disenfranchising minority communities", he said.

Gov. Phil Murphy also praised the decision, saying the inclusion of a citizenship question had been politically motivated. And immigrant advocacy organizations and Democratic-led states, cities and counties that challenged the question's addition argue it is meant to discourage the participation of minorities, primarily Hispanics, who tend to support Democrats, from filling out census forms.

In a 2016 case, the Supreme Court struck down the GOP redistricting map as an unconstitutional racial gerrymander. A group of states including NY and immigrant rights organizations sued to prevent the question.

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Roberts highlighted these efforts as well as state-level legal challenges that have curbed gerrymandering based on state constitutions, such as in Pennsylvania and Florida.