Opinion: Wilbur Ross acted wretchedly. But his census decision may be legal.
By George F. Will George F. Will Columnist covering politics and domestic and foreign affairs Email Bio Follow Columnist April 19 The oral arguments the Supreme Court will hear on Tuesday will be more decorous than the gusts of judicial testiness that blew the case up to the nation’s highest tribunal.
A U.S. district judge called this Ross rationale “pretextual” because Ross was justifying a decision “already made for other reasons.” This was a polite but still stinging way of saying Ross lied, which he almost certainly did: Justice officials initially rejected Commerce’s request that it ask for a citizenship question, and said such data was unnecessary for VRA enforcement.
Because more information is preferable to less, the citizenship question might seem sensible. However, the question might result in less information, because the Census Bureau’s own experts believe that the citizenship question would cause 6.5 million people — almost 1 in 10 households includes one or more noncitizens — not to respond to the questionnaire for fear of law enforcement consequences. The 6.5 million are approximately as many people as live in Indiana.
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