OA307: Apportionment – The Census Fight Is Not Over

Today’s episode, sadly, reminds you of an entirely new way that you should be terrified. In a “please, tell me that Donald Trump’s lawyers aren’t listening to this” episode, Andrew breaks down a 1990s court decision surrounding a 1920s law to talk about the ultimate endgame for Trump and the census. Is it horrible? Yes. Are you better off being prepared? Absolutely.

We begin, however, with a quick trip up a rare Tuesday Yodel Mountain by examining the transfer of the House Judiciary Committee’s lawsuit seeking injunctive relief against Don McGahn. Was it a “huge victory” for the President that Chief Judge Beryl Howell transferred the case? (No.)

Then, it’s time for a deep dive into the Presidential powers of apportionment and how Donald Trump can potentially do a court-clogging end-run around the Supreme Court’s census decision even if he loses the 2020 election.

After that, it’s time to check out a new segment from Cybertron — the official “Optimist Prime” versus “Negatron” segment on impeachment. Who will stand victorious? Hint: he’s got the energon axe.

Then, it’s time for the answer to #T3BE 139, a dreaded real property question. Did Thomas manage to get it right? Listen and find out!


None! 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. You can read Judge Howell’s order in the McGahn litigation here.
  2. If you want to see a sitting federal judge call a DOJ lawyer’s papers “halfhearted,” check out this ruling, and turn to footnote 2 on page 6.
  3. This is the Census Bureau’s non-answer to Congresswoman Pressley, and this is the NPR story confirming that the White House won’t commit on apportionment.
  4. The transmittal law is 2 U.S.C. § 2.
  5. Good news! Here’s the latest tally on impeachment.

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