Liberals know who to turn to when they can’t win in the elected branches of government — they run to activist judges. In a recent textbook example of legislating from the bench, an Obama-appointed judge held a trial in Manhattan federal court to take away control of the upcoming Census questions from President Trump and from Congress.
These liberal groups who brought suit asserted a ridiculous, headline-grabbing claim that asking about American citizenship on the census is unjust racial discrimination in violation of the Constitution. They demanded a right to depose the Commerce Secretary to ask him if he is a racist! This allegation is, of course, beyond absurd, but falsely claiming that Republicans are racists is how the Left advances its agenda. The Supreme Court shut down an unprecedented attempt to depose the Trump Cabinet member Secretary Ross in this case, after it had been ordered by the trial judge.
In January, federal Judge Jesse Furman issued a 277-page opinion to prohibit the inclusion of this 9-word citizenship question in the upcoming census. He did not expressly hold that the question was racist, but implied without any support in the record that it might be. He stated that his mission was to “smoke out” racism, in order to uncover hidden forms of discrimination.
But no such racism could ever be found. Unable to latch onto any testimony by Ross, Judge Furman instead thrashed those who worked for him. Ross’s Deputy Chief of Staff and other Trump officials took a beating from the court based on little to no evidence.
The court even admitted that the Framers of the Constitution “had a strong constitutional interest in the accuracy of the census.” President Trump and Commerce Secretary Ross fully agree, which is why the traditional question about whether someone is an American citizen is an essential part of the census. Fortunately, the census case is already scheduled for oral argument before the U.S. Supreme Court in February. Furman’s ruling against asking this citizenship question will not be the final word on this issue.
Apparently opposition to President Trump means opposing literally everything he does, and resorting to activist judges to do the dirty work.