Harvard Law School's Own Larry Tribe Is Deeply Concerned About the Next Shoe That's Going to Drop

By Joe Patrice, Above the Law

01 July 19

What do you know, Trump's tweeting again.

esterday, the Supreme Court put the kibosh on the proposed 2020 census question that would have asked respondents about citizenship. In a wild Frankenstein’s Monster of an opinion, Chief Justice Roberts basically couldn’t convince himself to ignore all the damning “hey this is a pretext, don’t tell nobody” documents out there. The case was remanded but the bottom line was there’s really no way to put that question on the 2020 census.

In response, Trump said he’s asking for the census to be delayed:

Constitution nerds might remember that the census is one of those things mandated by the founding document that can’t be changed up on a whim by a president trying to find a way to drive down representation. In theory, someone will inform him of this fact and the census will go forward anyway.

But Professor Tribe thinks the mere ask could be an ominous sign:

While it’s hard to imagine that one would fly, there’s almost as much harm in asking the question than in getting the answer. If the country even starts joking about constitutional mandates becoming negotiable, then all sorts of unappetizing stuff lands on the table.

In one of the all-time greatest Simpsons songs — “I’m An Amendment To Be” — the anthropomorphic flag-burning amendment explains that “if we change the constitution…” and the boy responds “then we could make all sorts of crazy laws!” But if we don’t think we need amendments… or even statutes anymore. Hoo boy.