New York v. United States Dep't of Commerce

February 15, 2019

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

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. Court of Appeals for the Second Circuit (Case No. 19-212)

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

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

U.S. Supreme Court (Case No. 18A455)

U.S. Supreme Court (Case No. 18-557) 

U.S. Supreme Court (Case No. 18-966) 

     
    2020 CENSUS