Trump Caves In, Won’t Put Citizenship Question on 2020 Census

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President Trump is caving in to the Supreme Court. That’s too bad. I was hoping to watch the show. Instead he’s doing this:

Trump himself is typically incoherent trying to explain what this is all about, but Attorney General Bill Barr explained that they hope to use this information for apportionment. That is, they presumably want to apportion members of Congress by number of citizens per state, not number of residents. This is going to be tough sledding given the clear wording of the 14th Amendment:

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed.

It says persons, not citizens, and the framers of the 14th Amendment clearly knew the difference. I suppose the Trumpies could try arguing that “Indians not taxed” really means “anyone not taxed,” and that “not taxed” means “not paying income tax” even though the income tax hadn’t been invented at the time. Other than that, I’m not sure how they could argue for apportionment based on citizens instead of residents. But that’s probably just because I’m not being creative enough.

Alternatively, Republicans could leave overall apportionment alone but try to draw congressional districts based on citizens, not residents. This would open up new avenues for gerrymandering that, for example, would probably keep Texas red for a while longer. The Supreme Court has previously signaled that it might be open to this kind of thing.

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We didn't know what to expect when we told you we needed to raise $400,000 before our fiscal year closed on June 30, and we're thrilled to report that our incredible community of readers contributed some $415,000 to help us keep charging as hard as we can during this crazy year.

You just sent an incredible message: that quality journalism doesn't have to answer to advertisers, billionaires, or hedge funds; that newsrooms can eke out an existence thanks primarily to the generosity of its readers. That's so powerful. Especially during what's been called a "media extinction event" when those looking to make a profit from the news pull back, the Mother Jones community steps in.

The months and years ahead won't be easy. Far from it. But there's no one we'd rather face the big challenges with than you, our committed and passionate readers, and our team of fearless reporters who show up every day.

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