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SCOTUS Hears Case on Whether or Not the Census Must Include Undocumented Immigrants

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  • On Monday, the U.S. Supreme Court began hearing a case over whether a sitting president is allowed to exclude undocumented immigrants from the Census.
  • The arguments in favor, brought by President Donald Trump, have already lost in three lower courts. 
  • If SCOTUS were to side with Trump, it would break 230 years of precedent. It could also affect the makeup of the House of Representatives, the electoral college, and billions of federal dollars sent each year to states.
  • Census officials have indicated that they may not be able to submit a final tally before Trump leaves office, potentially leaving the situation largely moot under President-elect Joe Biden, who would almost certainly include figures for undocumented immigrants.

SCOTUS Begins Hearing Census Case

The United States Supreme Court has begun hearing a case that could affect billions in federal funding as well as the makeup of the House of Representatives for the next 10 years.

The case in question concerns whether or not President Donald Trump is allowed to exclude undocumented immigrants from the Census. In lower courts, the Trump administration has argued that it should be up to presidents to decide whether undocumented immigrants should be counted.

Notably, three lower courts have all rejected the administration’s argument. A fourth said the time wasn’t right to answer the question. Ultimately, the decision will now be up to the Court.

If it decides in favor of the Trump administration, which is seeking to remove undocumented immigrants from the final tally of the 2020 Census, that would be unprecedented. In U.S. history, noncitizens have been counted in every Census since the first one in 1790. Each census is conducted once every 10 years.

This also won’t even be the first time SCOTUS has considered a question around the Census. Last year, President Trump tried to add a question that would ask whether a person was a U.S. citizen.

Source: U.S. Census Bureau

Immigrants rights’ advocates worried that if the Court ruled in Trump’s favor, it could discourage undocumented immigrants from filling out the Census. Ultimately, SCOTUS ruled the opposite way, siding 5-4 with lawyers who argued that just the news of Trump trying to add the question was enough to discourage immigrants from filling out the form. 

Chief Justice John Roberts was the deciding vote in that ruling, as he broke from the Court’s conservative justices to side with the liberal bloc. At the time, that included Justice Ruth Bader Ginsburg. 

Amy Coney Barrett Could Be the Deciding Vote

After failing to have the citizenship question implemented, Trump issued a July memo that directed Commerce Secretary Wilbur Ross to submit two counts to him: one with the full Census count and another with that same count minus undocumented immigrants. The goal? To use the second count as the official Census count.

From there, a group of 22 states and local officials, along with organizations represented by the American Civil Liberties Union, sued the Trump administration.

“Nothing in the text or history of the Constitution or the Census Act suggests that [the Trump administration] may treat millions of people who undisputedly live here as if they were not here, solely because of their immigration status,” lawyers for the state argued. 

In fact, they’ve even argued that Trump’s policy is directly in violation of the Constitution because it requires “the whole number of persons in each state” to be counted for apportionment of the House of Representatives.

As for whether SCOTUS will side with Trump or immigrant rights’ advocates, there is a major difference between the Court this year and the Court last year: Ginsburg is gone. 

In her place, there is now Justice Amy Coney Barret, a conservative Trump appointee who was the deciding vote in a 5-4 case last week that now bars New York Governor Andrew Cuomo’s restrictions on gatherings for religious services. Roberts was the lone conservative to dissent. 

That means that even if Roberts were to dissent from the Court’s other conservatives again for the Census vote, they would still hold a majority of the voting power. 

If those conservative justices do side with Trump, that could have lasting effects for the next 10 years. The Census determines how many Representatives each state sends to Congress. That number is also used to determine how many votes each state has in the electoral college during presidential elections.

That could mean states with large immigrant populations — such as California, Texas, and Florida — could lose seats, while states with smaller populations and low immigrant populations might gain them. For example, Alabama could gain seats even though it is currently projected to lose a seat in the near future.

The Census also determines how much states receive from Congress’ annual $1.5 trillion budget. That could mean a lot of money lost for states with large immigrant populations.

Can Biden Change This?

It’s possible that Trump’s goals could be rendered moot — in part or in full.

For one, it is unclear how SCOTUS will decide. Conservative justices like Barrett could be swayed by arguments that there is no room for interpretation of the Constitution’s words. In fact, Barrett herself has championed her belief that the Constitution should be interpreted as it was written. On Monday, she even seemed to suggest that the founding fathers intended all residents should be counted.

On top of that, judges also risk breaking 230 years of precedent and the decision of dozens of judges in lower courts.

Also on Monday, Roberts suggested that the case may be too premature to rule on, as the Trump administration has yet to go through with its plan.

If it does eventually side with Trump, that could impede Biden’s ability to challenge Trump’s numbers.

SCOTUS aside, Census officials have said that they’re having difficulties processing responses, meaning that a final count could be delayed past Trump’s term. According to The Washington Post, Census employees are frustrated and exhausted, some reportedly working up to 15 hour days.

“We are not currently on pace to send the report to the president by the year-end statutory deadline,” acting Solicitor General Jeffrey Wall said Monday.

While a final count is currently required to be submitted by Dec. 31, in the event that the final count does come after Biden’s inauguration on Jan. 20, Trump’s efforts for this Census will almost certainly be in vain.

Even if Trump did submit the numbers on time, it’s possible that Congress could reject them. That could then leave Biden with a chance to submit a final count that includes uncodumented immigrants once he becomes president. 

See what others are saying: (The Washington Post) (Bloomberg) (Reuters)

Politics

Trump Mocks Florida Gov. “Ron DeSanctimonious” Ahead of Possible 2024 Bid

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The former president may announce a bid to take back the White House on Nov. 14, according to his inner circle.


Trump Concocts His Latest Nickname

From “Little Marco” and “Lyin’ Ted” to “Sleepy Joe” and “Crazy Bernie,” former president Donald Trump’s nicknames for his political opponents have been known for their punchy style, but Republicans found it hard to swallow his latest mouthful for Florida Governor Ron DeSantis.

“We’re winning big, big, big in the Republican Party for the nomination like nobody’s ever seen before,” he said Saturday at a rally in Pennsylvania. “Trump at 71, Ron DeSanctimonious at 10%.”

The former president drew rebuke from some allies and conservative commentators for driving a wedge through the GOP three days before the midterm elections.

“DeSantis is an extremely effective conservative governor who has had real policy wins and real cultural wins,” tweeted The Daily Wire’s Matt Walsh. “Trump isn’t going to be able to take this one down with a dumb nickname. He better have more than that up his sleeve.”

“What an idiot,” wrote Rod Dreher, a senior editor at The American Conservative. “DeSantis is a far more effective leader of the Right than Trump was, if, that is, you expect a leader to get a lot done, rather than just talking about it and owning the libs.”

In April 2021, Trump said he would “certainly” consider making DeSantis his running mate for a potential 2024 presidential bid. But as DeSantis established himself as a credible rival to Trump, their relationship grew colder.

Last September, sources told The Washington Post that Trump had called DeSantis “ungrateful” in conversations with advisors. The former president reportedly had not spoken with the governor in months.

The Party of Trump or DeSantis?

One day after his “DeSanctimonious” jab, Trump took to the stage in Florida to support Sen. Marco Rubio’s (R) reelection campaign but grabbed more attention when he seemed to endorse DeSantis for governor.

“The people of Florida are going to reelect the wonderful, the great friend of mine, Marco Rubio to the United States Senate, and you’re going to reelect Ron DeSantis as your governor of your state,” he said to the cheering crowd.

The brief moment of support was overshadowed, however, by the conspicuous absence of DeSantis himself.

Both men held competing, contemporaneous rallies in the same state hundreds of miles apart, and multiple sources told Politico that DeSantis was not invited to Trump’s event, nor did he ask to attend.

The governor has repeatedly refused to say whether he will make a run for the presidency in 2024, but national polling consistently puts Trump ahead of him among Republicans by a wide margin.

Some recent polls, however, have shown DeSantis to lead the former president in specific states like Florida and New Hampshire.

A survey last month found that 72% of GOP voters believe DeSantis should have a great or good deal of influence in the future direction of the party, while just 64% said the same about Trump.

Sources told Axios that Trump’s inner circle is discussing a Nov. 14 announcement for his presidential campaign, timing it to capitalize on the expected post-midterm euphoria as vote counts roll in.

See what others are saying: (The New York Times) (Fox News) (Politico)

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The Midterms Are Tomorrow, But We May Not Have Results for a While. Here’s What You Need to Know

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The counting of mail-in ballots and possible legal challenges will almost certainly slow the final results.


Election Delays Expected

As Americans gear up for Election Day on Nov. 8, experts are warning that many races, including some of the most highly anticipated ones, may not have the final results in for days or even weeks.

These delays are completely normal and do not indicate that election fraud or issues with vote counting took place. However, like in 2020, former President Donald Trump and other election-denying Republicans could seize on the slow-coming returns to promote false claims to that effect.

There are a number of very legitimate reasons why it could take some time before the final results are solidified.  Each state has different rules for carrying out the election process, like when polls close and when ballots can start being counted.

There are also varying rules for when mail-in ballots can be received and counted that can extend when those votes will be tallied. That lag could seriously skew early results in many places because there has been a major rise in the number of people voting by mail.

Red Mirage, Blue Mirage

One very important thing to note is that the early returns seen on election night may not be representative of the final outcomes. 

In 2020, there was a lot of talk about a “red mirage,” which is when ballots cast on election day and favoring Republicans are reported first while mail-in ballots used more by Democrats are counted later, creating the appearance that Republicans have a much wider lead.

That phenomenon may very well take place in several key battlegrounds that not only could decide the House and the Senate but also have incredibly consequential state-wide elections of their own.

For example, in Pennsylvania and Wisconsin, election officials cannot start counting mail-in and absentee ballots until Election Day. 

Some experts have also speculated that a similar occurrence could occur in Georiga because the suburbs — which have shifted blue in recent years — report their results later than rural counties.

At the same time, there are also some states where the opposite might happen: a blue mirage that makes it seem like Democrats are doing better than they actually are.

Such a scenario is possible in Arizona, where election officials can process mail-in ballots as soon as they receive them, and where a similar trend played out in 2020.

Other Possible Slow-Downs

Beyond all that, there are a number of other factors that could delay when results are finalized.

For example, in Georgia, candidates need to get at least 50% of the vote to win, and if none do, then the top two are sent to a run-off election on Dec. 6. That is a very real possibility for the state’s closely-watched Senate race because there is a libertarian on the ballot who could siphon enough votes from Republican Herschel Walker and Democratic Sen. Raphael Warnock to keep them both below the 50% threshold. 

In other words: if control of the Senate comes down to Georgia again — as it did in 2020 and which is a very real possibility — voters may not know the outcome until a month after the election.

Meanwhile, experts also say that legal battles over mail-in ballots could further delay results, or even go to the Supreme Court. According to The New York Times, before Election Day, over 100 lawsuits had already been filed.

In Pennsylvania, for example, the State Supreme Court ruled last week in favor of a lawsuit from Republican groups requesting that mail-in ballots that did not have dates on outer envelopes be invalidated, causing thousands of ballots to be set aside. Multiple rights groups are now suing to get that decision reversed. 

See what others are saying: (NPR) (ABC News) (Reuters)

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DHS Confirms Paul Pelosi Attacker is a Canadian National in the U.S. Illegally

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The suspect espoused many political conspiracy theories promoted by the American far-right and told investigators he wished to harm House Speaker Nancy Pelosi to send a message to other U.S. politicians.


Pelosi Attacker’s Immigration Issues

The man accused of attacking Paul Pelosi and trying to kidnap House Speaker Nancy Pelosi (D-Ca.) is a Canadian national currently residing in the United States illegally, according to a statement from the Department of Homeland Security (DHS) late Wednesday.

Law enforcement officials say the suspect embraced far-right conspiracies about U.S. politicians and told investigators he wanted to break the House Speaker’s kneecaps as a lesson to other members of Congress. 

Despite his lack of citizenship, the man also allegedly told police he was on a “suicide mission” and had a list of state and federal lawmakers he wanted to target.

In its statement to the media, DHS said that Immigration and Customs Enforcement (ICE) had lodged a “detainer” on the suspect, which is a notice the agency intends to take custody of an individual who could be deported and requests it be notified before that person is released. The detainer, however, likely will not impact the case against him, because deportations are civil proceedings that happen after criminal cases are resolved.

According to several reports, federal records indicate the suspect came to the U.S. legally via Mexico in March 2008. Canadians who travel to America for business or pleasure are usually able to stay in the country for six months without a visa. DHS told The Washington Post the Canadian citizen was admitted as a “temporary visitor” traveling for pleasure.

Before the confirmation from DHS, there was some mixed reporting on how long the suspected attacker has been in America. On Monday, an anonymous U.S. official told the Associated Press the man had legally entered in 2000 but stayed way after his visa expired.

One day later, The New York Times reported he was registered to vote in San Francisco County from 2002 to 2009, and even voted once in 2002. 

Heightened Security Concerns

The new revelation comes as lawmakers are facing increased threats, prompting conversations about safety and security with a specific focus on the role of the U.S. Capitol Police (USCP).

On Tuesday, multiple outlets reported that USCP security cameras trained on the Pelosi’s house actually captured the attack, but no one was watching. In a statement Wednesday, the agency said its command center has access to around 1,800 cameras and not all are watched constantly.

The Capitol Police also said that the Pelosi’s home is “actively” monitored “around the clock” when the Speaker is there, but not when she is in Washington.

As a result, many argued that there should be more security and surveillance for the second person in line for the presidency — especially given the threat of violence after the Jan. 6 insurrection and warnings from law enforcement ahead of the midterms.

That was echoed in a scathing letter yesterday sent to Capitol Police by Rep. Zoe Lofgren (D-Ca.), who is one of the most senior Democrats in Congress and heads the Administration Committee.

In her letter, Lofgren noted that the agency “has previously reported to the committee that the speaker receives the most threats of any member of Congress,” and asked why that protection was not extended “to the spouses and/or other family members of the congressional leaders in the presidential line of succession.”

She questioned why the USCP had turned down an offer from the FBI for some of its officers to be part of terrorism task forces investigating threats against Congressmembers and why it had not made a formal agreement with San Francisco police for a car to be posted at the Pelosi’s home 24-hours a day as had been done in the months after Jan. 6.

Lofgren also inquired why the Capitol Police did not direct more threats against lawmakers for prosecution. She noted that members of Congress received at least 9,625 threats in 2021, but just 217 were referred.

Editor’s Note: At Rogue Rocket, we make it a point to not include the names and pictures of mass murders, suspected mass murderers, or those accused of committing violent crimes who may have been seeking attention or infamy. Therefore, we will not be linking to other sources, as they may contain these details.

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