Jul 4, 2019

Trump considers executive order on citizenship question

Demonstrators protest the citizenship question at the Supreme Court in April. Photo: Mandel Ngan/AFP/Getty Images

President Trump is considering an executive order to try to move forward with a citizenship question on the 2020 census, top sources tell Jonathan Swan and me.

  • "We didn’t come this far just to throw in the towel," said a senior administration official with direct knowledge of the conversations.

Administration lawyers are exploring various legal options.

  • A senior legal source said: "The administration is considering the appropriateness of an executive order that would address the constitutional need for the citizenship question to be included in the 2020 census."
  • But there is considerable skepticism within the administration that an executive order would succeed.

Why it matters: Trump's insistence on pushing ahead with the question, potentially without doing the legwork the Supreme Court called for, reflects his expansive view of executive power.

  • A source familiar with some of the administration's internal deliberations said: "I think that there’s a good argument to be made that even though the president may lose in litigation at the end of the day, going through that process ultimately makes it clear that it’s the chief justice, and not the Executive Branch, that bears responsibility for that unfortunate outcome."

Former federal judge J. Michael Luttig, who has longtime ties to officials in the administration, told Axios:

  • "If the president of the United States were to issue an executive order, supported by his full Article II powers, directing that the citizenship question be included in the 2020 census, I believe the Supreme Court would affirm the constitutional power of the president to include the citizenship question in the census.”

How we got here: The Supreme Court voted last week to block a census question that asks: "Is this person a citizen of the United States?"

  • But it gave the administration an opening to try again, if it could come up with a more persuasive argument about why it was adding the question.
  • Trump administration officials, including Commerce Secretary Wilbur Ross, said Tuesday they would go ahead with the 2020 census without including the citizenship question.
  • But Trump threw some of his own senior administration officials into confusion on Wednesday morning by tweeting that it was “fake” news that the Commerce Department was dropping its quest to include the citizenship question.
  • In the hours following the president’s tweet, administration lawyers scrambled to figure out alternatives.

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Coronavirus dashboard

Illustration: Sarah Grillo/Axios

  1. Global: Total confirmed cases as of 9 p.m. ET: 662,073 — Total deaths: 30,780 — Total recoveries: 139,426.
  2. U.S.: Leads the world in cases. Total confirmed cases as of 9 p.m. ET: 122,666 — Total deaths: 2,147 — Total recoveries: 1,073.
  3. Federal government latest: President Trump announces "strong" travel advisories for New York, New Jersey and Connecticut, rules out quarantine enforcement.
  4. State updates: Alaska is latest state to issue a stay-at-home order — New York is trying to nearly triple its hospital capacity in less than a month and has moved its presidential primary to June 23. Some Midwestern swing voters who backed Trump's handling of the virus less than two weeks ago are balking at his call for the U.S. to be "opened up" by Easter.
  5. World updates: In Spain, over 1,400 people were confirmed dead between Thursday to Saturday.
  6. 🚀 Space updates: OneWeb filed for bankruptcy amid the novel coronavirus pandemic.
  7. Hollywood: Tom Hanks and Rita Wilson have returned to U.S. after being treated for coronavirus.
  8. What should I do? Answers about the virus from Axios expertsWhat to know about social distancingQ&A: Minimizing your coronavirus risk
  9. Other resources: CDC on how to avoid the virus, what to do if you get it.

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Trump flags travel adversaries for New York, New Jersey, Connecticut

Data: The Center for Systems Science and Engineering at Johns Hopkins; Map: Andrew Witherspoon/Axios

President Trump said Saturday night the CDC would issue a "strong" travel advisory" for New York, New Jersey and Connecticut and that a "quarantine will not be necessary."

The big picture: With more than 121,000 people infected, the U.S. has the most COVID-19 cases in the world, exceeding China and Italy, per data from Johns Hopkins. A second wave of American cities, including Boston, Detroit, New Orleans and Philadelphia, are reporting influxes of cases.

Go deeperArrowUpdated 13 mins ago - Health

Trump rules out quarantine in New York, New Jersey, Connecticut after pushback

President Trump on the White House grounds on Saturdya. Photo: Sarah Silbiger/Getty Images

President Trump tweeted Saturday night that he's decided not to introduce quarantine enforcement measures fo New York, New Jersey and parts of Connecticut, but a "strong" travel advisory will be issued for those states.

Why it matters: The president said hours earlier he was considering the move to combat the rise in novel coronavirus cases. But he received pushback, most notably from New York Gov. Andrew Cuomo (D), who told CNN it would cause "chaos." "This would be a federal declaration of war on states," Cuomo added.

Go deeper: Updates on coronavirus in the U.S.