California v. Ross
The State of California has filed a lawsuit against Commerce Secretary Wilbur Ross challenging the Commerce Department’s decision to add a citizenship question to the 2020 Census. California 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 Northern District of California.
The State of California is suing Commerce Secretary Wilbur Ross, the Department of Commerce, the Acting Director of the Census Bureau, and the Census Bureau for the Commerce Department’s recent decision to add a citizenship question to the 2020 Census. The addition of the question, California’s complaint alleges, will deter non-citizens and their relatives from responding to the census and produce detrimental effects for states with large immigrant populations—including fewer congressional seats and billions of dollars in lost federal funding. Because a citizenship question will depress census responses, California contends, the decision to add it will inevitably lead to a violation of the U.S. Constitution’s requirement for an “actual enumeration” of every person residing in the country. California also argues that the Department’s decision violates the Administrative Procedure Act’s prohibition against “arbitrary and capricious” agency action, because the Department failed to adequately account for the undercount threat when formulating its position.
The plaintiffs are seeking both preliminary and permanent injunctions prohibiting the Census Bureau from including the citizenship question on the 2020 Census.
- Complaint (March 26, 2018)
- First Amended Complaint (May 4, 2018)
- Order (May 22, 2018)
- Stipulation for Hearing and Briefing Deadlines Re: Discovery Deadlines Outside the Administrative Record; Order (June 6, 2018)
- Notice of Filing of Administrative Record (June 8, 2018)
- Plaintiffs' Opening Brief Re: Right to Take Discovery (June 14, 2018)
- Defendants' Memorandum Brief in Support of Review on the Administrative Record (June 14, 2018)
- Stipulation Regarding Briefing Schedule and Excess Pages for Defendants' Motion to Dismiss; Order (June 18, 2018)
- Notice of Filing Supplement to Administrative Record (June 21, 2018)
- Plaintiffs' Responsive Brief Re: Right to Take Discovery (June 21, 2018)
- Defendants' Reply in Support of Review of the Administrative Record (June 21, 2018)
- Defendants' Motion to Dismiss (June 21, 2018)