NAACP v. Bureau of the Census
The NAACP has sued the Census Bureau, contending that the Bureau’s inadequate preparations for the 2020 Census will lead to a dramatic undercount of communities of color and a violation of the government’s constitutional duty to conduct a full national head count.
This case is currently pending in the U.S. District Court for the District of Maryland.
The NAACP, Prince George’s County (Maryland), the Prince George’s County Branch of the NAACP, and two of the county’s residents have filed a constitutional action against the Census Bureau, the Acting Director of the Bureau, Commerce Secretary Wilbur Ross, and President Donald Trump. The plaintiffs’ suit alleges that the Bureau’s funding shortfalls, understaffing, inadequate planning, and insufficient testing of new technology, among other things, will produce a severe undercount of communities of color. This undercount, the plaintiffs contend, will result violate the Constitution’s Enumeration Clause, which requires the federal government to perform an “actual enumeration” of all people living in the United States.
The plaintiffs seek a court order requiring the Census Bureau to develop a plan to ensure that the upcoming census fully accounts for the nation’s communities of color and other hard-to-count populations.
On January 29, the court denied the government's motion to dismiss, allowing the plaintiffs to proceed on their Enumeration Clause claim.
- Complaint (March 28, 2018)
- Defendants' Request for to File a Dispositive Motion (June 8, 2018)
- Order Scheduling a Pre-Motion Telephone Conference (June 11, 2018)
- Plaintiffs' Correspondence Summarizing the Parties' Positions (June 12, 2018)
- Amended Complaint (June 14, 2018)
- Defendants' Memorandum of Law in Support of Motion to Dismiss (July 13, 2018)
- Plaintiffs' Memorandum of Law in Opposition to Motion to Dismiss (August 13, 2018)
- Reply Memorandum of Law in Further Support of Motion to Dismiss (September 4, 2018)
- Motion to Continue Hearing (January 2, 2018)
- Memorandum of Law in Further Support of Defendants' Motion to Dismiss (January 21, 2019)
- Memorandum of Law in Opposition to Defendants' Motion to Dismiss (January 22, 2019)
- Memorandum Opinion and Order (January 29, 2019)
- Scheduling Order (March 6, 2019)
- Second Amended Complaint (April 1, 2019)
- Memorandum of Law in Support of Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint (April 15, 2019)