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The Day in John Roberts


A bare party-line majority of the Supreme Court has held that legislators can entrench themselves against electoral majorities because math is hard, man. This opinion is a disgrace and Kagan mercilessly shreds it.

On the census case, the result is more complicated. Roberts held that the addition of the citizenship question was substantively valid, but the explanation provided by Commerce (that is was merely enforcing the Voting Rights Act) was too obviously pretextual to meet the standards of the Administrative Procedures Act. This does not mean that the citizenship question won’t be included; we shall see whether Roberts will hold the Trump administration to real standards, of whether he will declare the next pretext good enough. But this was probably the best outcome that could have been hoped for.

More on all this soon.

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