Thursday, July 11, 2019

Well, yeah, but...


Here's part of what the Maryland court said in refusing to let DOJ lawyers just walk away from the census case:

For example, in defending against Plaintiffs’ Equal Protection claim, Defendants, through counsel, have repeatedly represented to this Court that Secretary Ross, and not President Trump, acted “as the sole decisionmaker” as it relates to the addition of a citizenship question to the Census, and that, as a result, any evidence of statements made by candidate, President-elect, or President Trump suggesting discriminatory animus towards immigrant communities was not relevant to the decision to add a citizenship question to the 2020 Census. [citations omitted] The Court accepted these arguments made by the withdrawing attorneys in its earlier ruling, which is now under reconsideration, granting judgment in Defendants’ favor on the Equal Protection claim. ECF No. 154 at 42 (“Ultimately though, the Court cannot, by a preponderance of the evidence, connect the dots between the President[’s] views, the Secretary’s failure to disclose his real rationale, and the Secretary's final decision.")
In essence, the court accepted the argument that what Trump says is not why the Secretary of Commerce acts, so Trump's racism can't be imputed to DOC, because Trump is not the "decision maker."

But if Trump issues so much as an "executive action" regarding the census?  Suddenly that argument turns to smoke, and the racial animus of Trump can be attributed to the question of the citizenship question.  And the citizenship question dies in court, again.

And yes, it's all about the fights, not the victories:


But while the base is happy, most of the country is tired, if not outraged.  When people are tired of you, they don't tend to vote for you.

Our man on their side. 

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