At oral argument last week, the Supreme Court seemed poised to side with President Trump on the question whether the U.S. Census Bureau can ask people if they are U.S. citizens. Critics have objected to inquiring about citizenship status, observing that doing so is likely to result in an undercount, since many non-citizens will decline to participate in the census. Other non-citizens are likely to answer untruthfully, rendering the data about citizenship inaccurate.

While the Court’s conservative ideological bias will be a key factor in the outcome, also critical is the extent to which Congress has delegated its policy making power to the White House and the extent to which the Court has been willing to allow the delegation. Previous Court decisions, supported by both conservative and liberal justices, provide the Court with ample basis for a pro-Trump decision. 
Continue Reading