New York v. United States Dep't of Commerce
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
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 has consolidated the case with New York Immigration Coal. v. Dep’t of Commerce for pre-trial scheduling and discovery.
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.
- 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)