Oral arguments heard at the Supreme Court Tuesday were ostensibly about whether the 2020 census could include a question about citizenship.
But don’t be fooled. The reason this case rocketed to the Supreme Court and has been so hotly contested is that the debate hinges, at bottom, on two starkly different visions of America.
In one vision, what matters is loyalty to and affiliation with a nation-state that is self-contained, independent, civic, and colorbind. In the other vision, priority is given to one’s membership in a subnational group that is based on subjective self-identity (like race or sexual orientation), and association with that group yields benefits and preferences in everything, from hiring to contracting, employment, housing, and even electoral redistricting.
The divide essentially comes down to a commitment to America as a nation vs. a commitment to one’s subgroup and the hierarchy of victimhood.
This is one of the great debates of our time—not just here, but around the world.
Whatever the Supreme Court decides—and an opinion is needed by summer if the Census Bureau is to meet its deadline of printing millions of forms—rest assured that this debate will not go away any time soon.
To paraphrase Mark Twain, reports of the death of the nation-state seem to have been greatly exaggerated. Despite pressure from above—from sovereignty-draining, transnational institutions like the United Nations and the European Union—and from below, i.e., from identity groups based on race, sex, ethnicity, sexual orientation, disability status, and anything else that can confer conceptual victimhood (and thus special rights) on an individual, the nation-state has shown remarkable resilience.
Defenders of the nation-state remind us that democracy, the rule of law, self-determination, liberty, and everything else Americans and like-minded people hold dear depend on territorially and culturally defined nation-states. Its opponents like to portray the nation-state as archaic, unnecessary, and a gateway to authoritarianism, if not worse.
The Trump administration has championed the sovereignist view, and in 2017 recognized the importance of citizenship by requesting that a question on citizenship be added to the 2020 census.
Progressive groups have left no stone unturned in their bid to frustrate the administration on this front. Notably, these same groups defend a panoply of other census questions that divide Americans by sex, ethnicity, and race.
These groups argue that the citizenship question would depress responses among certain marginalized groups, especially...
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