WASHINGTON, DC – Chief Justice John Roberts was the swing vote in a sharply divided Supreme Court that voted 5-4 in deciding the U.S. census can ask about citizenship, but by a separate 5-4 vote is sending the case back to the lower court.
Consequently, the citizenship question cannot be asked on the 2020 census, because the additional hearing cannot take place before the cutoff for printing the census forms for next year.
This decision will immediately be compared to the 2012 decision saving Obamacare. Roberts was joined by the four conservative justices to say federal law permits asking about citizenship, but then switched over to join with the four liberal justices to remand the case to the federal trial court for further evidentiary hearings.