New York v. United States Dep't of Commerce
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 was filed in the U.S. District Court for the Southern District of New York and produced the first trial victory on the citizenship question issue.
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.
Bench trial was held between November 5, 2018 and November 27, 2018. The court consolidated this case with New York Immigration Coal. v. Dep't of Commerce for purposes of that trial.
The district court ruled on January 15, 2019 for the plaintiffs on their APA claims, and ordered the Commerce Department to remove a citizenship question from the 2020 Census.
On January 25, the federal government filed an appeal, asking the Supreme Court to review the district court's decisions to remove the citizenship question from the 2020 Census and allow discovery outside of the administrative record. The appeal asks the Supreme Court to hear the appeal directly from the district court before the court of appeals weighs in on the issue.
On February 15, the Supreme Court granted the federal government's appeal and set oral argument for the week of April 22.
Key Documents
District Court
- Complaint (April 3, 2018)
- First Amended Complaint (April 30, 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)
- Amicus Brief of the States of Oklahoma, et al. in Support of Defendants' Motion to Dismiss (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)
- Amicus Brief of the Federation for American Immigration Reform in Support of Defendants and Dismissal (June 11, 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)
- Plaintiffs' Letter Brief Regarding Discovery Outside of the Administrative Record (June 26, 2018)
- Defendants' Letter Brief Regarding Discovery Outside of the Administrative Record (June 26,2018)
- Order Setting Timeline for Discovery (July 5, 2018)
- Second Amended Complaint (July 25, 2018)
- Opinion and Order re: Motion to Dismiss (July 26, 2018)
- Plaintiffs' Request for Conference to Resolve Discovery Dispute (August 3, 2018)
- Defendants' Letter re: Conference to Resolve Discovery Dispute (August 7, 2018)
- Plaintiffs' Fourth Letter re: Discovery (August 13, 2018)
- Defendants' Letter Opposing Motion to Compel Discovery (August 15, 2018)
- Declaration of Michael Cannon re: Discovery (August 15, 2018)
- Defendants' Letter in Opposition to Plaintiffs' Motion to Compel Acting Assistant Attorney General for Civil Rights John Gore to Appear for Deposition (August 15, 2018)
- Order re: Letter Motion to Compel (August 17, 2018)
- Plaintiffs' Letter Motion re: Discovery and Depose Non-Party Kris Kobach (August 30, 2018)
- Defendants' Letter Motion to Stay Discovery Pending Petition for Writ of Mandamus (August 31, 2018)
- Defendants' Answer to Second Amended Complaint (August 31, 2018)
- Plaintiffs' Fifth Letter Motion re: Discovery (August 31, 2018)
- Plaintiffs' Sixth Letter Motion re: Discovery (September 4, 2018)
- Defendants' Letter Response re: Discovery and Depose Non-Party Kris Kobach (September 5, 2018)
- Opinion and Order re: Letter Motion to Stay Discovery (September 7, 2018)
- Plaintiffs' Seventh Letter Motion re: Discovery (September 10, 2018)
- Plaintiffs' Letter Motion re: Discovery and Depose Non-Party Secretary of Commerce Wilbur Ross (September 10, 2018)
- Plaintiffs' Reply in Support of Motion re: Discovery and Depose Secretary of Commerce Wilbur Ross (September 17, 2018)
- Letter re: Appropriateness of Summary Judgement (September 18, 2018)
- Order re: Deposition of Secretary of Commerce Wilbur Ross (September 21, 2018)
- Status Report re: Deposition of Secretary of Commerce Wilbur Ross (September 27, 2018)
- Defendants' Letter Motion to Stay Discovery Pending U.S. Supreme Court Review (September 28, 2018)
- Plaintiffs' Letter Response in Opposition to Motion to Stay Discovery Pending U.S. Supreme Court Review (September 28, 2018)
- Opinion and Order re: Motion to Stay Discovery (September 30, 2018)
- Order Denying Stay of Discovery (October 2, 2018)
- Opinion and Order re: Letter Motion to Compel (October 5, 2018)
- Notice of Stay (October 10, 2018)
- Plaintiffs' Status Report (October 10, 2018)
- Defendants' Second Supplemental Responses to Plaintiffs' First Set of Interrogatories to Department of Commerce and Secretary of Commerce Wilbur Ross (October 11, 2018)
- Joint Status Report (October 15, 2018)
- Amended Joint Status Report (October 15, 2018)
- Scheduling Order (October 18, 2018)
- Plaintiffs' Motion to Present Live Direct Testimony (October 19, 2018)
- Defendants' Motion to Stay Trial (October 23, 2018)
- Defendants' Status Report (October 24, 2018)
- Plaintiffs' Status Report (October 24, 2018)
- Order (October 24, 2018)
- Order Denying Motion to Stay Trial (October 26, 2018)
- Plaintiffs' Pretrial Memorandum (October 26, 2018)
- Defendants' Pretrial Memorandum (October 26, 2018)
- Amicus Brief of the American Statistical Association, et al. in Support of Plaintiffs (October 29, 2018)
- Amicus Brief of Former Census Bureau Directors in Support of Plaintiffs (October 29, 2018)
- Amicus Brief of the Leadership Conference on Civil and Human Rights in Support of Plaintiffs (October 29, 2018)
- Amicus Brief of the Electronic Privacy Information Center in Support of Plaintiffs (October 29, 2018)
- Amicus Brief of Tech: NYC, Univision Communications Inc., Warby Parker, General Assembly, and the Minneapolis Regional Chamber of Commerce in Support of Plaintiffs (October 29, 2018)
- Amicus Brief of Common Cause, Trevor Potter, Rep. Jody L. McNally, and Justice Robert Orr in Support of Plaintiffs (October 29, 2018)
- Amicus Brief of Norman Y. Mineta, the Sakamoto Sisters, the Council on American-Islamic Relations, New York, Inc., and the Fred T. Korematsu Center for Law and Equality in Support of Plaintiffs (October 29, 2018)
- Amicus Brief of the Public Interest Foundation in Support of Defendants (October 29, 2018)
- Amicus Brief of the New York State Black, Puerto Rican, Hispanic and Asian Legislative Caucus in Support of Plaintiffs (October 30, 2018)
- Plaintiffs' Pretrial Reply Memorandum (October 31, 2018)
- Defendants' Pretrial Reply Memorandum (October 31, 2018)
- Order (November 16, 2018)
- Plaintiffs' Updated Exhibit List (November 17, 2018)
- Defendants' Letter Motion to Stay Further Proceedings (November 18, 2018)
- Plaintiffs' Opposition to Motion to Stay Further Proceedings (November 20, 2018)
- Order Denying Defendants' Motion to Stay Further Proceedings (November 20, 2018)
- Defendants' Post-Trial Proposed Findings of Fact and Conclusions of Law Regarding Plaintiffs' Claims (November 21, 2018)
- Plaintiffs' Joint Proposed Post-Trial Findings of Fact (November 21, 2018)
- Plaintiffs' Joint Proposed Post-Trial Conclusions of Law (November 21, 2018)
- Plaintiffs' Post Trial Reply (December 4, 2018)
- Defendants' Post Trial Reply(December 4, 2018)
- Opinion (January 15, 2019)
- Final Judgment (January 15, 2019)
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)
- Petition for a Writ of Mandamus (September 7, 2018)
- Order (September 10, 2018)
- Amicus Brief of the Public Interest Foundation in Support for Petitioners (September 14, 2018)
- Opposition to Petition for Writ of Mandamus (September 17, 2018)
- Defendants' Reply in Support of Petition for Writ of Mandamus (September 21, 2018)
- Order Denying Petition for Writ of Mandamus (September 25, 2018)
- Order Denying Stay of Discovery (October 2, 2018)
- Letter from the Department of Justice (October 5, 2018)
- Letter from the Respondents' Counsel (October 7, 2018)
- Order Denying Stay of Pretrial and Trial Proceedings (October 30, 2018)
- Order (November 26, 2018)
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)
- Petition for a Writ of Mandamus (September 28, 2018)
- Order (September 28, 2018)
- Order Denying Stay of Discovery (October 2, 2018)
- Brief in Opposition to Petition for a Writ of Mandamus (October 4, 2018)
- Reply Brief in Support of Petition for a Writ of Mandamus (October 5, 2018)
- Letter from the Department of Justice (October 5, 2018)
- Letter from the Attorney General of the State of New York (October 6, 2018)
- Letter from the Attorney General of the State of New York (October 7, 2018)
- Order Denying Petition for a Writ of Mandamus (October 9, 2018)
- Order Denying Motion to Stay Trial (October 26, 2018)
- Motion to Stay District Court's Proceedings (November 19, 2018)
- Order (November 20, 2018)
- Plaintiffs' Letter re: Petitioners' Request for a Stay (November 21, 2018)
- Order Denying Government's Motion for Stay (November 21, 208)
U.S. Court of Appeals for the Second Circuit (Case No. 19-212)
- Notice of Appeal (January 17, 2019)
- Order Granting Motion to Expedite Appeal (February 1, 2019)
U.S. Supreme Court (Case No. 18A350)
U.S. Supreme Court (Case No. 18A375)
- Order Staying District Court Proceedings Pending Response (October 9, 2018)
- Renewed Application for a Stay Pending Disposition of a Petition for a Writ of Mandamus (October 9, 2018)
- New York Immigration Coalition Plaintiffs' Reply Brief in Opposition to Renewed Application for a Stay (October 11, 2018)
- Government Plaintiffs' Reply Brief in Opposition to Renewed Application for a Stay (October 11, 2018)
- Eagle Forum Education and Legal Defense Fund's Amicus Brief in Support of Applicants (October 12, 2018)
- Reply Brief in Support of Renewed Application for a Stay Pending Disposition of a Petition for a Writ of Mandamus (October 12, 2018)
- State of California's Amicus Brief in Support of Respondents (October 17, 2018)
- Order (October 22, 2018)
U.S. Supreme Court (Case No. 18A455)
- Application to Expand the Stay Pending Disposition of a Petition for a Writ of Mandamus (October 29, 2018)
- Order (November 2, 2018)
U.S. Supreme Court (Case No. 18-557)
- Petition for a Writ of Mandamus (October 29, 2018)
- Brief for Government Respondents in Opposition to Petition for Writ of Mandamus (November 13, 2018)
- Brief of Respondents New York Immigration Coalition, et al. In Opposition to Petition for Writ of Mandamus (November 13, 2018)
- Amicus Brief of the State of California in Support of Respondents (November 13, 2018)
- Reply Brief for the Petitioners (November 15, 2018)
- Order re: Petition for Writ of Mandamus (November 16, 2018)
- Brief for the Petitioners (December 17, 2018)
- Amicus Brief of Eagle Forum Education and Legal Defense Fund in Support of Petitioners (December 20, 2018)
- Amicus Brief of Oklahoma, et al. in Support of Petitioners (December 21, 2018)
- Amicus Brief of the Public Interest Legal Foundation in Support of Petitioners (December 24, 2018)
- Respondents' Joint Motion to Dismiss (January 17, 2019)
- Brief of Respondents in Opposition (January 17, 2019)
- Brief for Government Respondents (January 17, 2019)
- Petitioners' Response to Respondents' Motion to Dismiss the Petition as Improvidently Granted (January 22, 2019)
U.S. Supreme Court (Case No. 18-966)
- Petition for a Writ of Certiorari Before Judgment (January 25, 2019)
- Motion to Expedite Consideration of the Petition for a Writ of Certiorari (January 25, 2019)
- Response to Petitioners' Motion to Expedite (January 30, 2019)
- Brief for Government Respondents in Response to Petition for a Writ of Certiorari Before Judgment (February 11, 2019)
- Response to Petition for Writ of Certiorari Before Judgment (February 11, 2019)
- Amicus Brief of Judicial Watch, Inc. and Allied Educational Foundation in Support of Petitioner (February 11, 2019)
- Amicus Brief of Public Interest Foundation in Support of Petitioners (February 11, 2019)
- Amicus Brief of Ronald A. Cass and Christopher C. Demuth, Sr., in Support of Petitioners (February 11, 2019)
- Amicus Brief of United States House of Representatives in Support of Respondents (February 11, 2019)
- Amicus Brief of Fair Representation in Support of Petitioners (February 11, 2019)
- Reply Brief for the Petitioners (February 13, 2019)
- Order (February 15, 2019)
- Proposed Briefing Schedule (February 19, 2019)