Selections from the article are included below, but reading the whole thing is indispensible.
The Court's holding in New York was an astonishing breach of the judicial duty. Justice Clarence Thomas excoriated Chief Justice Roberts' reasoning, decrying it as "the first time ever" that "the Court invalidates an agency action solely because it questions the sincerity of the agency’s otherwise adequate rationale." Justice Samuel Alito, even more livid, defiantly asserted that "the Federal Judiciary has no authority to stick its nose into the question whether it is good policy to include a citizenship question on the census or whether the reasons given by Secretary Ross for that decision were his only reasons or his real reasons."
I began trading ideas last week with some friends about what this new legal rationale might look like. One friend had a brilliant suggestion that struck me as both innovative and textually ironclad: Utilize the infrequently invoked secondsection of the Fourteenth Amendment, which seems to mandate that the federal government have data pertaining to the state-by-state numbers of (male and aged over 21 years old) citizens for purposes of apportionment and congressional representation. The next thing I knew, David B. Rivkin Jr. and Gilson B. Gray wrote it up on Friday as a Wall Street Journal op-ed.
Read the rest of the article at The Daily Wire using the link below.