Thursday, May 30, 2019

Honest after death


When cheating and dishonesty becomes the mainstay of a political party's success, there is little they do than stays within the spirit of the law. But it is seldom that any actual evidence of malice is revealed. Such a reveal occurred after the death of a notorious Republican gerrymanderer when his political files were made public.
Thomas B. Hofeller achieved near-mythic status in the Republican Party as the Michelangelo of gerrymandering, the architect of partisan political maps that cemented the party’s dominance across the country.

But after he died last summer, his estranged daughter discovered hard drives in her father’s home that revealed something else: Mr. Hofeller had played a crucial role in the Trump administration’s decision to add a citizenship question to the 2020 census.

Files on those drives showed that he wrote a study in 2015 concluding that adding a citizenship question to the census would allow Republicans to draft even more extreme gerrymandered maps to stymie Democrats. And months after urging President Trump’s transition team to tack the question onto the census, he wrote the key portion of a draft Justice Department letter claiming the question was needed to enforce the 1965 Voting Rights Act — the rationale the administration later used to justify its decision.

Those documents, cited in a federal court filing Thursday by opponents seeking to block the citizenship question, have emerged only weeks before the Supreme Court is expected to rule on the legality of the citizenship question. Critics say adding the question would deter many immigrants from being counted and shift political power to Republican areas.

The disclosures represent the most explicit evidence to date that the Trump administration added the question to the 2020 census to advance Republican Party interests.

In Supreme Court arguments in April over the legality of the decision, the Trump administration argued that the benefits of obtaining more accurate citizenship data offset any damage stemming from the likely depressed response to the census by minority groups and noncitizens. And it dismissed charges that the Commerce Department had simply invented a justification for adding the question to the census as unsupported by the evidence.

Opponents said that the Justice Department’s rationale for seeking to add a citizenship question to the census was baldly contrived, a conclusion shared by federal judges in all three lawsuits opposing the administration’s action.

But a majority of the Supreme Court justices seemed inclined to accept the department’s explanation the question was needed to enforce the Voting Rights Act, and appeared ready to uphold the administration’s authority to alter census questions as it sees fit. The justices are expected to issue a final ruling before the court’s term ends in late June.

In nearly 230 years, the census has never asked all respondents whether they are American citizens. But while adding such a question might appear uncontroversial on its face, opponents have argued that it is actually central to a Republican strategy to skew political boundaries to their advantage when redistricting begins in 2021.
Perhaps even more than the pending abortion cases, this case will illuminate the success of the Republican Activist Judge strategy. To rule in favor of the Commerce Dept. would require a torture of the law that only a Clarence Thomas could love.

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