As the January sitting came to a close, the Court made headlines in its orders list on Monday. Five Justices voted to allow the Trump Administration to temporarily enforce its new “public charge” immigration rule. Four Justices dissented. Justice Gorsuch (joined by Thomas) wrote an opinion supplementing his yea vote. Beyond this, the Court added an original jurisdiction, water-rights case to its docket and denied an application for a stay of execution. Here’s your brief for the Week of January 27.
In March of 2018, Secretary of Commerce Wilbur Ross announced his intention to add a citizenship question to the 2020 census. A collective group of eighteen states, the District of Columbia, cities and local governments, and several non-governmental organizations filed suit, claiming that the Secretary’s decision violated the Enumeration Clause and the Equal Protection Clause of the Constitution, and certain provisions of the Census Act and the Administrative Procedure Act. On Thursday, June 27, on the final day of its October Term of 2018, the Supreme Court issued its long-awaited decision in the case. Here is my discussion of Chief Justice John Roberts’ opinion for the Court in Department of Commerce v. New York.