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The Census Case Could Provoke a Constitutional Crisis

The AtlanticGarrett Epps – Professor of constitutional law at the University of Baltimore – “President Trump has seldom been rebuked by the Supreme Court. The question now is how he’ll respond…”Trump seems to think he can avoid preclusion by issuing an executive order imposing the question. As of July 7, 2019, however, the federal courts still have the power to set aside unconstitutional executive orders. Ask the late President Harry Truman, who, as commander in chief, seized American steel mills in order to end a strike that was interfering with the Korean War effort. The Supreme Court told Truman he had no such power, and Truman meekly gave back the mills. Maybe the label “executive order” will magically intimidate Roberts. But I wouldn’t bet on it….”

See also The New York Times: Hacking, Glitches, Disinformation: Why Experts Are Worried About the 2020 Census. “…Most concerns about the census have been focused on the Trump administration’s effort to include a question about citizenship status. On Wednesday, the Justice Department, under pressure from President Trump, vowed to continue fighting to add the question, despite legal and logistical barriers, a day after saying time had run out. But far less attention has been paid to other issues that could threaten the census’s accuracy…”

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