Adding the question was inadequate but they do say that they do have the right to ask that question. They just need to prove that they arent abusing it for political purposes and now the president says that he might delay the 2020 count in response. Trump tweeting this states and Civil Rights Group argue that trump is using the census as a political weapon. The census decides how 600 billion in federal funds gets divvied up. Undercounting means that the democrats get less money and less congressional representation for them. The clear intent of the administration is to rig the system in favor of republicans by excluding and intimidating people from being a part of the census, to drive funds to their supporters. The Citizenship Question is not only fair but it is necessary because of liberal immigration policies. Sanctuary cities are created, year asking people to come to your city. I dont think you should get a benefit from the federal government for doing that. Thats what happens when you count illegal immigrants. Republicans cheering a decision on gerrymandering. The Supreme Court says they dont have a say on how districts are drawn. Thats a win for republicans. Neil thanks, hillary. The president is saying maybe i can block this or delay this. Judge Andrew Napolitano on whether he can. What do you think . Well, the relevant portion of the constitution, which uses the word enumeration to mean census says an enumeration shall be taken every ten years. I dont think the president has the discretion to stop it. He might be able to delay it. It needs to be taken during the year 2020. I dont think these cases will be resolved by then. Two cases. A maryland case and then theres a new york schayes. The Supreme Court sent the case back to the federal judge in new york. Hes the one that said to the census people, i dont believe you, youre not going to ask the question. Dont print the questionnaires with this question about citizenship on it. Neil the president says if we regroup here and make a more convincing argument, we can go back and do this again. So the people challenging the census wanted to take the deposition and examination under oath before trial of wilbur ross. The Justice Department fought it and fought it. Secretary ross made some statements, the Commerce Department issued a release and somebody else gave the deposition. They contradicted each other. The Supreme Court said give us one lucid explanation. Dont give us three different explanations that are not credible. Neil so who is to blame, ross or i dont want to personally criticize the secretary but its the department of commerce which dropped the ball. The question can be asked. What the Supreme Court did not address is does it have to be answered. That was not addressed. If they get their ducks in a row and gets back to the Supreme Court, which i think is not feasible before 2020 and the census neil has that ever happened a quick turn around saying no, no. The president should want the census because the census shows generally movement of populations to the southwest, texas, southeast florida. Guess what . More republicans. He shouldnt want to delay that. Neil that is interesting. This would be a crowd that wouldnt want to vote for the president either, right . Right. But remember, the law says 435 members of the house. So the census could ill use our home state. Theyll kill me. Take a member of the house of representatives away from new jersey and add it to texas. That would be negative to the democrats and a positive to the republicans. Neil i see what youre saying. That will not happen and cannot happen if theres no 2020 census. Neil thats a brilliant read. Im not heard that from anyone. So glad i thought of that. Dion whispered that in my ear. Its all on free basic cable. So how are these kind of decisions impacting the 2020 race . What kind of impact would they have for the election . We have Ari Fleischer here and Elizabeth Mcdonald here with us. Lizzy, gets your take on what the judge said. In a weird way, this could wheel around to the president s benefit. What do you think . Yeah, i think what the judge said is spot on. What is interesting, so many countries ask the Citizenship Question. Australia has it. Germany and indonesia. Weve had a Citizenship Question dating back to the 1820s. Heres the other interesting thing. He could delay it. The president could conceivably delay it to december of 2020. That would mess up other states as they try to do redistricting. You can imagine Court Challenges there. The Census Bureau has said they dont need the question. They ask accurately count citizens via machines and administrative records already in the system. Stanford university and harvard has looked at that. So thats seems like a dustup over something that the Census Bureau may be able to handle. Neil why wasnt there a fuss made when the question was taken off in the first place . I grant you a long time ago. But im wondering if the commerce secretary dropped the ball or dismissed adequately explaining this or providing evidence to support this. What do you think . Certainly seems like he needed to make a more compelling case to the court. I think its been underscored time and time again that the question is, you can validly ask the question. Its whether there is a rationale behind it. I did think that Justice Clarence thomas in his opinion, he says this is the first time though that the court has questioned the motivation, invalidated an agencys behavior based on a motivation for the rationale. So i think its interesting that the court is saying, wait a minute. Are we going to question every single federal agency and the decisions they made based on some sort of motivation that we know or dont know about. Thats an interesting area to be wading into. Well see what happens next. Well see if theres other administrative decisions that happen or actions that are taken that again the Supreme Court may have to take up. Neil ari, for my money, i found the other decision with imposing limits on partisan redistricting was much more compelling in that you had judges say that they didnt want to get in the way of even acknowledging part san gerrymandering. I wondered the impact of that. You heard democrats cry foul because this was cited to say it was republicans trying to fix districts to their liking. You know, not much was said when democrats were in a similar position trying to do the same. That one has a more longterm impact. What did you make of it . I dont look at either case in terms of who benefits or who loses. Todays loser will be tomorrows winner. Thats always the case with our system. What you should look for is what principle is upheld. In this case, the Supreme Court upheld the case that the people are supreme. If you have a political dispute among legislators, should be settled by people in elections, not by judges. Thats how a democracy reads. Thats how we settle our disputes. You dont like it, elect an entire new legislature. Take your case to the voters. It happens. Legislators get thrown in, they get thrown out. I wont look at it as a trump win, more people move to texas or california. That all changes over the decades. Its the principals neil youre right about that. But speaking for the minority, Justice Kagan said the court was taking a pass on abuse of power by politicians. Chief Justice John Roberts argued to the fact that federal judges have no license to reallocate political power between the two major parties with no grant of authority in the constitution. In other words, they cant get involved in a partisan political matter. The only thing confusing about that decision, whether you support it or not, whether it benefits democrats in one period or republicans in another period. They often come in the middle to resolve political disputes. Absolutely. I thought that was confusing too. Ive seen Court Challenges and judges injecting them 70s in this process. Its an important point that you make. What is interesting and in which ari talked about, we talked about the gerrymandering part of what scotus decided on. In the decision about the census, Justice Alito made the same argument for the minority when he said judges should not be injecting them 70s into the census question, so that was i think really interesting kind of same point, but made on an Opposing Side of the Different Cases that they were looking at. The judges should not be weighing in on the census. Its an interesting constitutional issue, too. Every nation should be allowed to ask, are you a citizen. So seems like a basic questions other countries are asking as well. Im pointing out that the same argument was made by just tis alito. And it was harkened by clarence thomas, why are we weighing in on what a federal agency is thing. Thats not our role here. First time were weighing in on it. Neil we have breaking news. I want to thank you all. The house is expected to vote on that immigration funding bill. Chad pergram on what we could be looking at. Chad . Sometime probably in about the next 15 to 20 minutes, we expect a vote on the senate bail in the house of representatives. It was obvious after a while here, neil, that they didnt have the votes in the senate to take the house bill. The house bill that was approved earlier this week and Senate Majority leader Mitch Mcconnell would not budge. Nancy pelosi spoke with mike pence twice and seems like the senate wouldnt budge. The Senate Passed it 848 yesterday. Theres an old expression that they calling it pingpong. This is where they ping and pong the bills back and forth. The house passed a bill, pinged it over to the senate. So what the house was talking about is maybe pingpong it back. Mitch mcconnell held a News Conference and said they would change it back to the senate bill and send it back, thats where they were stuck. Nancy pelosi has to take the senate bell. She says we will reluctantly pass the bill. As we go forward with a battle cry to protect children in a way that honors their dignity and their worth. So theyre going to vote on this. This is a loss for nancy pelosi, but this will pass on a bipartisan basis here in just about the next half hour, neil. Neil if youre right, that would be the first bipartisan thing theyve done since the criminal Justice Reform effort. Absolutely. Keep in mind, the house bill did pass by a bipartisan margin the other night. It was just three republicans. A bigger margin in the senate. Neil got it. More coming up including what is in store for the big debate tonight. This one involves Bernie Sanders and joe biden. A lot of people wondering whether its President Trump or joe biden the center of the attacks after this. Ce. Whoa. Travis in it made it. Its amazing. Oh is that traviss app . Its pretty cool, isnt it . Theres two of them. Theyre multiplying. No, guys, its me. See, im real. Im real he thinks hes real. Geico. Over 75 years of savings and service. Cant see what it is yet. Re . What is that . Thats a blazer . Thats a chevy blazer . Aww, this is dope. This thing is beautiful. I love the lights. Oh man, its got a mean face on it. It looks like a piece of candy. Look at the interior. This is nice. This is my sexy mom car. I would feel like a cool dad. Its just really chic. I love this thing. Its gorgeous. I would pull up in this in a heartbeat. I want one of these. That is sharp. The allnew chevy blazer. Speaks for itself. I dont know who they got to design this but give them a cookie and a star. So chantix can help you quit slow turkey. Rkey. Along with support, chantix is proven to help you quit. With chantix you can keep smoking at first and ease into quitting. Chantix reduces the urge so when the day arrives, youll be more ready to kiss cigarettes goodbye. When you try to quit smoking, with or without chantix, you may have nicotine withdrawal symptoms. Stop chantix and get help right away if you have changes in behavior or thinking, aggression, hostility, depressed mood, suicidal thoughts or actions, seizures, new or worse heart or blood vessel problems, sleepwalking, or lifethreatening allergic and skin reactions. Decrease alcohol use. Use caution driving or operating machinery. Tell your doctor if youve had Mental Health problems. The most common side effect is nausea. Quit smoking slow turkey. Talk to your doctor about chantix. So, every day, we put our latest technology and unrivaled network to work. The United StatesPostal Service makes more ecommerce deliveries to homes than anyone else in the country. The American People deserve a president that will put your interests ahead of the rich and powerful. Yes, were supposed to be for 70 tax rate on the wealthy. An economy that is rigged to corporations and the wealthiest. Let giant corporation dos whatever they want to do. Its about time to have a economy that works for everybody, not just the wealthiest in our nation. Neil did i hear 70 . Welcome back. We have Charles Payne on this, ands will slightly left of center commentator danielle. Thats not a badge of dishonor. Absolutely not, neil. Neil as the liberal. All right. 70 . Marginal. Look at the history of our country and look at the long history of high tax rates between world war ii and 1963, the highest tax rate was 91 . Ronald reagan rolled that back. Neil so 70 is a deal. Its a deal. Neil we could have taken everything. Democrats thought about taking everything and they thought, maybe 70 is marginal. Neil i dont know if the others share that view. But that might get you the nomination. I dont know what happens afterwards. Democrats rally better than anything when it goes against the rich and corporations. One thing that donald trump railed against the political elite. Democrats, they rail about the financial elite. It works. They believe that taxing people at 70 and above, 91 is good for the government because the government will take care of them. Thats why you are having this sort of revival of socialism. Millennials came out of college, job market was terrible for the last decade and now they finally see that, you know, maybe the economy might be be Getting Better but still not getting the benefit of it. Neil and that is popular. It is popular. The dems make a mistake though, when they say hey, we want to go after amazon and still got a tax refund. That resonates with a lot of people. You know, hold up. But then you want to tax a small business. Youre saying that these are the bad people. These are the bad actors, the large big businesses. People have resentment towards them. Apolitical people. Then when you talk about going after them and then you tax the small business, the person that just bought their fourth pickup truck for their plumbing business and they have to lay someone off. Thats where it gets worrisome. Neil and they distort the numbers. Youre entitled to your point of view but youre not entitled to your set of facts here. One of the things that i saw being bandied wage constriction. The numbers show that wage growth has been running 3. 4 to 3. 6 for them. A little bit under 3 for the socalled uber rich. Im not saying that that shows theres not a chasm there, but chasms have existed going back decades. I find when they play fast and loose with that, you think wait a minute. This is distorted. Theyre not getting any wage increases. Thats a lie. That is a lie. Weve seen slow and steady wage growths at least a decade now. One thing that is growing, income and equality. The last 30 years, weve seen income and equality grow. That income and equality has narrowed in the last 15 months. Thats my i just dont believe all the facts are getting out. One thing about this narrative from the corporations and the rich, theres a good chunk of rich, powerful elite that want to see more democrats in office. Lock at hollywood and the political elite, the coastal elites, i should say. The neil some of them feel guilty about having this money. I dont know what it is. But theyre leaving their money to foundations. They dont want to write a check to uncle sam right now. Ly say when they bring up things like income and equality and we zero in on it, its worse in places where the democrats have been in control, where they run cities or states for decades. The homelessness in l. A. , seattle. This is these are the test beds. These are the neil theyre not going to change that tonight. No. But theyll sing from the same hymn sheet but the song is getting old. Neil the hymn sheet that hit the fan. Stick around. More after this. Fact is, every Insurance Company hopes you drive safely. But allstate actually helps you drive safely. With drivewise. It lets you know when you go too fast. And brake too hard. With feedback to help you drive safer. Giving you the power to actually lower your cost. Unfortunately, it cant do anything about that. Now that you know the truth. Are you in good hands . Oh oh oh ozempic® announcer people with type 2 diabetes are excited about the potential of onceweekly ozempic®. In a study with ozempic®, a majority of adults lowered their blood sugar and reached an a1c of less than seven and maintained it. Oh under seven . And you may lose weight. In the same oneyear study, adults lost on average up to 12 pounds. Oh up to 12 pounds . 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