Attorney General William Barr said the Trump administration can legally add the citizenship question to the 2020 Census.
The Supreme Court ruled 5–4 that the rationale the administration provided for adding the question—that it would enforce the Voting Rights Act—was “contrived,” seeming to block, at least temporarily, the addition of the question.
“We are presented, in other words, with an explanation for agency action that is incongruent with what the record reveals about the agency’s priorities and decision-making process,” Chief Justice John Roberts wrote.
Writing the dissenting opinion, Justice Clarence Thomas said that the Supreme Court’s “only role in this case is to decide whether the Secretary complied with the law and gave a reasoned explanation for his decision.”
“Unable to identify any legal problem with the Secretary’s reasoning, the Court imputes one by concluding that he must not be telling the truth,” he added.
Barr said on July 8 that the administration will take action soon that will likely let the question be added legally.
The department replaced the legal team working on the case on July 7.
The new team includes Deputy Assistant Attorney General David Morrell, a former Trump White House lawyer and law clerk to Supreme Court Justice Thomas, and Glenn Girdharry, a career attorney in the department.
James Burnham, a top lawyer in the department’s civil division who was the leader of the team working on the issue, told Barr that some of the people working on the case preferred “not to continue during this new phase,” the attorney general told The Associated Press.
Barr said he didn’t have details on why the attorneys didn’t want to continue, but “as far as I know, they don’t think we are legally wrong.”
Burnham came to him and “indicated it was a logical breaking point since a new decision would be made and the issues going forward would hopefully be separate from the historical debates.”
“If they prefer not to embark on this next phase, then I thought it could make sense to change,” Barr said.
Opponents of the question, including prominent Democrats, have argued that the question would strike fear in immigrants, making them less likely to fill out the census.