Speaking as a lawyer myself: Lawyers are oftentimes annoying. We are oftentimes far more trouble than we are (literally and proverbially) worth. But sometimes — just sometimes — a bit of clever lawyering can truly go a long way.
As The Daily Wire reported two weeks ago, the nine robed oracles of the U.S. Supreme Court dealt the Trump administration a substantial legal blow in the case of Department of Commerce v. New York — the case challenging U.S. Commerce Secretary Wilbur Ross’ much-ballyhooed decision to add a question pertaining to citizenship status on the upcoming decennial census, to be held in 2020. The Court held that, though lacking neither constitutional nor statutory support, the administration’s decision to include the citizenship question on the asserted grounds of collecting data for purposes of Voting Rights Act enforcement was “pretextual.” In other words, the Court held that the administration seemed to be harboring an ulterior motive or pernicious agenda, and that this motive or agenda rendered an otherwise-constitutionally and -statutorily legitimate census question inclusion “arbitrary and capricious,” and thus invalid.
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