Census case: Why a measure of citizenry won’t add a query on citizenship

A proposed question on citizenship to be asked in the census next year has been blocked by the U.S. Supreme Court.

In a fragmented opinion that surprised and confused in equal measure, the court ruled that the Department of Commerce – the agency that oversees the Census Bureau – failed to provide adequate justification for its inclusion. The Census Bureau itself had advised Commerce Secretary Wilbur Ross against adding the question, saying it would depress turnout and lead to an inaccurate count. A number of states and nonprofit groups claimed the question was unconstitutional and the process of adding it illegal. Secretary Ross, citing a Department of Justice memo, had claimed the question was necessary to enforce the Voting Rights Act (VRA).

Legally speaking, the case is not closed. The Commerce Department could add the question using a different justification. Such an action could be challenged in the courts however, the Supreme Court ruled today…

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