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.

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

On May 25, the defendants filed a motion to dismiss, arguing, among other things, that the plaintiffs lack standing and that their claims raise political questions that federal courts cannot resolve. The motion is now fully briefed and will be argued on July 3.

The court subsequently consolidated the case with New York Immigration Coal. v. Dep’t of Commerce for pre-trial scheduling and discovery.

Documents

• Complaint (April 3, 2018)
• First Amended Complaint (April 30, 2018) 
• Notice of Motion to Dismiss (May 25, 2018) 
• Memorandum of Law in Support of Defendants' Motion to Dismiss (May 25, 2018)
• Notice of Motion for Leave to File Memorandum of Law as Amicus Curiae in Support of Defendants' Motion to Dismiss by the American Center for Law and Justice (June 1, 2018) 
• Motion for Leave to File Amicus Brief of the States of Oklahoma, et al. in Support of Defendants' Motion to Dismiss (June 1, 2018)
• Declaration of Mithun Mansinghani (June 1, 2018) 
• Amicus Brief in Support of Defendants' Motion to Dismiss by the Project on Fair Representation (June 6, 2018)
• Amicus Brief of the Federation for American Immigration Reform in Support of Defendants and Dismissal (June 7, 2018)
• Order (June 8, 2018)
• Amicus Brief in Support of Defendants and Dismissal by the Federation for American Immigration Reform (June 11, 2018)
• Joint Letter Re: Consolidation and Schedule (June 12, 2018)
• Order (June 13, 2018) 
• Memorandum of Law in Opposition to Defendants' Motion to Dismiss (June 13, 2018)
• Amicus Brief of Current Members of Congress and Bipartisan Former Members of Congress in Support of Plaintiffs (June 15, 2018)
• Amicus Brief of The Leadership Conference on Civil and Human Rights, et al. in Support of Plaintiffs (June 18, 2018) 
• Reply Memorandum of Law in Further Support of Defendants' Motion to Dismiss (June 22, 2018)