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Brennan Center v. United States Dep’t of Commerce

The Brennan Center has filed a lawsuit against the Department of Justice, the Office of Management and Budget, the U.S. Census Bureau and the U.S. Department of Commerce under the federal Freedom of Information Act (FOIA) to compel expedited production of records concerning the Trump Administration’s plans for calculating the state apportionments in the U.S. House of Representatives after completion of the 2020 Census.

Last Updated: October 20, 2020
Published: September 22, 2020

Brennan Center v. United States Dep’t of Commerce

Summary

The Brennan Center has filed a lawsuit against the Department of Justice, the Office of Management and Budget, the U.S. Census Bureau and the U.S. Department of Commerce under the federal Freedom of Information Act (FOIA) to compel expedited production of records concerning the Trump Administration’s plans for calculating the state apportionments in the U.S. House of Representatives after completion of the 2020 Census.

This case is pending in the U.S. District Court for the District of Columbia. The law firm Wilmer Cutler Pickering Hale and Dorr LLP is representing the Brennan Center in this case.

Case Background

In early July 2020, the Brennan Center filed FOIA requests with the defendants seeking records related to President Trump’s July 11, 2019 executive order ordering the Census Bureau to collect administrative records on citizenship from other federal agencies. The requests seek all records related to how the Administration may attempt to use citizenship data to alter the 2020 state-population totals used to calculate the state apportionments or may otherwise try to change the state-population totals.

Defendants denied our requests for expedited processing of the FOIA requests and have not produced the requested documents. Our lawsuit seeks to compel the defendants to disclose the requested records on an expedited timeline before the apportionment calculation occurs.

Key Documents