OA286: The Census and Disenfranchisement

Today’s episode takes a deep dive into recent developments following the death of Republican operative Thomas Hofeller — the architect of the REDMAP — that may impact the census question case currently pending before the Supreme Court, Department of Commerce v. New York.

First, however, we begin with an Andrew Was Wrong about the 2006 midterm elections and the Pension Protection Act. That was, in fact, a Democratic wave year — but the PPA was passed in August, nearly five months before that new Democratic congress was seated. Oops.

Then it’s time to delve into the strange files of Thomas Hofeller, the architect of REDMAP — you know, the gerrymandering strategy and software that turned Republican minorities into majorities in states like Wisconsin and tiny Republican majorities into one-sided dominance in states like North Carolina. Want to know his plan for helping “Non-Hispanic Whites?” Of course you do!

We break down exactly how this development may affect Dep’t of Commerce v. New York, which has already been briefed and argued before the Supreme Court, and the interesting strategy that the respondents used to make SCOTUS aware of what Hofeller was up to.

After all that, it’s time for the answer to Thomas (and the Entire Puzzle in a Thunderstorm Crew) Takes the Bar Exam #129 involving comparative negligence, joint and several liability, and intra-family liability in connection with a car accident. Did you get it right? Remember you can play along every Friday by sharing our show on social media using the hashtag #TTTBE.


Andrew was just a guest on Episode 98 of the Skepticrat breaking down everyone’s second-favorite Democratic 2020 Presidential contenders; you won’t want to miss it! And if you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. We first covered the citizenship question on Episode 232
  2. You can access the briefs filed in Department of Commerce v. New York: Here
  3. This is the letter filed by respondents and copied to the Supreme Court setting forth the new evidence relating to Hofeller.
  4. And, in the interests of balance, here’s the response filed by the government.
  5. And finally, here’s the ruling and scheduling order from Judge Furman in the District Court case (No. 18-2921) setting forth the time to brief and seek discovery regarding potential sanctions on the government witnesses.

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