10/20/2018

Sessions criticizes court order on deposition in census case

Attorney General Jeff Sessions on Monday criticized a court order that allows for the questioning of Commerce Secretary Wilbur Ross on how a citizenship question came to be added to the 2020 census. The court's actions, the attorney general said in a speech to the conservative Heritage Foundation, represent an improper attempt "to hold a trial over the inner-workings of a Cabinet secretary's mind." With his remarks, Sessions waded into a simmering legal dispute that may ultimately be resolved by the Supreme Court, which solidified its conservative majority with the recent addition of Justice Brett Kavanaugh. The conflict centers on a judge's order that Ross may be deposed by lawyers challenging whether a question on citizenship legally can be included on the census. Plaintiffs in two lawsuits, including more than a dozen states and big cities, have sued, saying the question will discourage immigrants from participating in the census. The judge, Jesse M. Furman, has said Ross can be questioned about how the citizenship inquiry was added to the census because he was "personally and directly involved in the decision, and the unusual process leading to it, to an unusual degree." A New York-based federal appeals court backed Furman's ruling last week, but Supreme Court Justice Ruth Bader Ginsburg issued a temporary stay.

Arkansas Supreme Court disqualifies term limits proposal

The Arkansas Supreme Court on Friday ordered election officials to not count votes cast for a ballot measure that would have imposed the strictest term limits in the country on state legislators. In a 4-3 ruling disqualifying the proposed initiative, the court said that thousands of signatures submitted by supporters were invalid and should not have been counted. The court did not rule on part of the lawsuit challenging the wording of the proposed amendment. The court agreed with a special judge it had appointed to review the petitions who said thousands of signatures should be tossed out for not complying with requirements for paid signature-gatherers. "Not only did Issue 3's supporters fail to properly collect the signatures required by law, but the measure would have stuck Arkansans with the most restrictive term limits in our country - a step in the wrong direction," Randy Zook, president of the state Chamber of Commerce and the head of the campaign against the measure, said. An attorney for Term Limits Arkansas, the group backing the measure, said the court relied on "hyper technical paperwork violations" to invalidate the signatures.