New York v. United States Dep't of Commerce

October 19, 2018

Summary

The State of New York is leading a coalition of states, cities, and mayors in a challenge to the Commerce Department’s decision to add a citizenship question to the 2020 Census. New York argues that the Department’s decision violates the U.S. Constitution and the Administrative Procedure Act.

This case is currently pending in the U.S. District Court for the Southern District of New York

Case Background

The State of New York, sixteen states, seven cities, and the U.S. Conference of Mayors are suing the Department of Commerce, Commerce Secretary Wilbur Ross, and the Census Bureau, arguing that the Department’s addition of a citizenship question to the 2020 Census is unconstitutional and otherwise illegal.

New York and its co-plaintiffs allege that adding a citizenship question will deter participation in the census and cause an undercount, undermining the accuracy of the 2020 Census and jeopardizing the funding that they receive.

The suit contends that adding a citizenship question will undermine the federal government’s constitutional obligation to conduct an “actual enumeration” of the national population. The suit further argues that the Commerce Department’s decision was “not in accordance with law,” “contrary to constitutional right,” “beyond [the Department and the Census Bureau’s] statutory authority,” and “arbitrary and capricious,” all in violation of the Administrative Procedure Act (APA).

New York is asking the court to, among other things, enjoin the Commerce Department from including the citizenship question on the 2020 Census.

The court ordered the federal government to complete the administrative record and authorized the plaintiffs to take extra-record discovery. Under the court's order, the government provided the complete administrative record, a privilege log, and its initial disclosures by July 27. You can view these documents here. 

On July 26, the court granted the government's motion to dismiss in part and denied it in part, dismissing the plaintiffs' claims under the Enumeration Clause, but permitting their claims under the APA and Due Process Clause to proceed. The parties must conclude fact and expert discovery by October 12. 

Trial is currently set to begin on November 5. The court has consolidated this case with New York Immigration Coal. v. Dep't of Commerce for purposes of that trial. 

In the meantime, the Department of Justice is appealing orders from the district court that would permit the plaintiffs to question both Commerce Secretary Wilbur Ross and John Gore, the acting head of the Justice Department’s Civil Rights Division

Key Documents

District Court

U.S. Court of Appeals for the Second Circuit (Department of Justice's Petition for a Writ of Mandamus, Case No. 18-2652, re: Extra-Record Discovery and John Gore Deposition)

U.S. Court of Appeals for the Second Circuit (Department of Justice's Petition for a Writ of Mandamus, Case No. 18-2856, re: Extra-Record Discovery and Wilbur Ross Deposition)

U.S. Supreme Court (Case No. 18A350)

U.S. Supreme Court (Case No. 18A375)

2020 CENSUS