Someone forgot to tell Trump

[wdmso]

Originally Posted by detbuch

Your detention center bit is spin, not on topic, another argument that should be argued in another thread.

What is your motivation for opposing the citizenship Q?

It was suggested on false pretense or in everyone else's world except Trump and his supporters is called a lie , untruth , misleading ect ect

[scottw]

Originally Posted by wdmso

It was suggested on false pretense

like Obamacare

[wdmso]

Originally Posted by scottw

like Obamacare

Oh please not the you can keep your doctor thing again. For the record i kept mine...
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[detbuch]

Originally Posted by wdmso

It was suggested on false pretense or in everyone else's world except Trump and his supporters is called a lie , untruth , misleading ect ect

The Court did not refer to the Secretary's reasoning as a lie. Nor did it say that the possible discrepancy between the stated VRA reasoning and any other pretext that was "suggested" by the Secretary's desires before the stated reason for the citizenship Q was a lie, nor that any of the possible other pretexts were lies. What Roberts said is "What was provided here was more of a distraction."

And Justice Thomas, in his dissent, totally eviscerated Roberts' opinion. What the Secretary claimed was the reason for re-instating the citizenship Q was not considered to be a lie, nor to be untrue. It was remanded to the lower Court in order to determine that--which, of course, short of an admission, cannot be proved.

It's not what Trump supporters are characterizing the Secretary's motivation to be that is unfounded, it is you TDS folks that must immediately, presumptuously, make anything that Trump says out to be a lie. You folks are not about reasonable, rational discussion, rather you prefer to simply make extreme accusations--racism, sexism, xenophobia, homophobia, lying, treason . . . and leave it at that, leave it as being the truth merely by saying so.

[scottw]

Originally Posted by detbuch

The Court did not refer to the Secretary's reasoning as a lie. .

yeah but it's so much easier for them to scream at the padded wall...LIE!!...regarding pretty much everything

[wdmso]

Originally Posted by detbuch

The Court did not refer to the Secretary's reasoning as a lie. Nor did it say that the possible discrepancy between the stated VRA reasoning and any other pretext that was "suggested" by the Secretary's desires before the stated reason for the citizenship Q was a lie, nor that any of the possible other pretexts were lies. What Roberts said is "What was provided here was more of a distraction."

And Justice Thomas, in his dissent, totally eviscerated Roberts' opinion. What the Secretary claimed was the reason for re-instating the citizenship Q was not considered to be a lie, nor to be untrue. It was remanded to the lower Court in order to determine that--which, of course, short of an admission, cannot be proved.

It's not what Trump supporters are characterizing the Secretary's motivation to be that is unfounded, it is you TDS folks that must immediately, presumptuously, make anything that Trump says out to be a lie. You folks are not about reasonable, rational discussion, rather you prefer to simply make extreme accusations--racism, sexism, xenophobia, homophobia, lying, treason . . . and leave it at that, leave it as being the truth merely by saying so.

Justice John G. Roberts Jr. said Commerce Secretary Wilbur Ross had not given an honest explanation for his decision to make a major change in the census... as i said in trump world thats not a lie.. that business as unusual
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[detbuch]

Originally Posted by wdmso

Justice John G. Roberts Jr. said Commerce Secretary Wilbur Ross had not given an honest explanation for his decision to make a major change in the census... as i said in trump world thats not a lie.. that business as unusual
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You're putting words in Roberts mouth. That is not honest. He did not say that Ross had not given an honest explanation. He said “seems to have been contrived”. That is a conjecture not a declaration. What he did declare was "What was provided here was more of a distraction."

What he meant by "contrived" and "distraction" is unclear. Nor is the word "seems" a proper one to make a decision in law. Justice Thomas clarified the issue in his dissent: "For the first time ever, the court invalidates an agency action solely because it questions the sincerity of the agency's otherwise adequate rationale."
"This conclusion is extraordinary," he wrote. "The court engages in an unauthorized inquiry into evidence not properly before us to reach an unsupported conclusion."

Thomas makes a clear declaration, Roberts wiggles and squirms into conjecture. And you come to the conclusion that Ross lied. Of course you would. There is no other possibility for you.

[Pete F.]

Why some feel the need to grant Agencies or Trump powers that are not constitutional and that the same people screamed bloody murder about when attempted by Obama is comical at best.

Under the federal Administrative Procedure Act, responsible officials must, at the time a decision is made, offer a nonarbitrary, non-capricious explanation for choosing their strategy for carrying out their statutory authority. This requires at least that the proposed administrative action be a rational way of carrying out the mission Congress has assigned the executive, and that the rationale be clearly explained at the time of an agency decision. In the case of the citizenship question, the Department of Commerce failed to take this step, which is why a 2020 citizenship question is now on hold.

The executive branch now has an obvious logic problem: It must generate a non-pretextual agency explanation to justify an action to which it already committed itself without any such explanation. The Justice Department’s public flailing-about for a new rationale looks like the very definition of “arbitrary and capricious.” But whether or not such a rationale can now be found and belatedly attached to the census question, a presidential order cannot make the job easier.

For one thing, a presidential order cannot expand the secretary’s zone of legal discretion to determine the contents of the census. Just as important, an executive order cannot relieve the commerce secretary of his obligation to proceed based on a nonarbitrary rationale rooted in his statutory mission. “The president wants me to ask this question” would not be an adequate reason. Nothing in the statute empowers presidential whim.

In 1838 the Supreme Court decided:
When Congress “impose[s] upon any executive officer any duty [Congress] may think proper which is not repugnant to any rights secured and protected by the Constitution … in such cases, the duty and responsibility grow out of and are subject to the control of the law, and not to the direction of the President.”

The spectacle of the executive order fits the president’s yearning to appear the ever-muscular leader overleaping bureaucratic niceties on the way to policy triumphs. But law can trump myth. The secretary of commerce can satisfy the “arbitrary and capricious” test only with non-pretextual reasoning to support a citizenship question as a rational strategy for making the census useful. Any order purporting to relieve him of that obligation will simply expose the president’s weakness.

[detbuch]

Originally Posted by Pete F.

Under the federal Administrative Procedure Act, responsible officials must, at the time a decision is made, offer a nonarbitrary, non-capricious explanation for choosing their strategy for carrying out their statutory authority. This requires at least that the proposed administrative action be a rational way of carrying out the mission Congress has assigned the executive, and that the rationale be clearly explained at the time of an agency decision. In the case of the citizenship question, the Department of Commerce failed to take this step, which is why a 2020 citizenship question is now on hold.

This is not true. Secretary Ross did take the step. From a March 27, 2018 Reuters article: A question about citizenship status will be included on the 2020 Census to help enforce the Voting Rights Act, federal officials said on Monday . . . Commerce Secretary Wilbur Ross decided to add the question to the count after a Department of Justice request based on the desire for better enforcement of the voting law, the U.S. Department of Commerce said in a statement.
"Secretary Ross determined that obtaining complete and accurate information to meet this legitimate government purpose outweighed the limited potential adverse impacts," it said.

Regardless of what Ross may have said, or implied before, that does not make his stated rationale arbitrary or capricious. See Justice Thomas dissent.

[Pete F.]

Originally Posted by detbuch

See Justice Thomas dissent.

The minority opinion loses
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