Note: The Brennan Center is not a participant in this case.
Latino community groups and residents of Texas are suing Commerce Secretary Wilbur Ross, the Department of Commerce, Census Director Steven Dillingham, and the Census Bureau for the Commerce Department’s directive to the Bureau to comply with President Trump’s Executive Order 13880 and provide states with Citizenship Voting Age Population (“CVAP”) data for redistricting purposes.
The plaintiffs allege that the Executive Order and Commerce Department’s directive are “motivated by a racially discriminatory scheme to reduce Latino political representation” and therefore violate the Fifth Amendment’s Equal Protection Clause. The plaintiffs also contend that the Commerce Department’s directive, among other things, failed to comply with federal regulations and did not provide an “adequate rationale” for collecting and producing CVAP data in connection with 2020 decennial census. Finally, the plaintiffs contend that Secretary Ross and the Director of the Census Bureau conspired with others—including members of the Trump Administration—to violate the constitutional rights of Latinos and non-citizens.
The plaintiffs are asking the court to declare that the production of citizenship data for state redistricting purposes violates the Constitution and the APA. The plaintiffs are also asking the court to bar the Commerce Department and the Census Bureau from including the citizenship data with the P.L. 94-171 Redistricting File, a population count that states use for redistricting.
On December 18, 2019, the government asked the court to dismiss the case.
On July 22, 2020, the court denied the government's motion to dismiss the amended complaint. On August 13, 2020, the plaintiffs filed a second amended complaint.
Filings, Orders and Opinions
- Complaint (September 13, 2019)
- Amended Complaint (October 9, 2019)
- Memorandum Opinion (November 13, 2019)
- Motion to Dismiss (December 19, 2019)
- Plaintiffs' Opposition to Defendants' Motion to Dismiss (January 9, 2020)
- Amicus Brief of Governor Tom Wolf in Opposition to Defendants' Motion to Dismiss (January 16, 2020)
- Reply Memorandum of Law in Further Support of Defendants' Motion to Dismiss (February 6, 2020)
- Plaintiffs' Notice of Intent to Seek Leave to Amend Complaint (July 22, 2020)
- Order (July 22, 2020)
- Second Amended Complaint (August 13, 2020)
- Plaintiffs' Emergency Motion for Temporary Restraining Order (September 1, 2020)
- Expert Declaration of John Thompson (September 1, 2020)
- Expert Declaration of Howard Hogan (September 1, 2020)
- Expert Declaration of William O'Hare (September 1, 2020)
- Expert Declaration of Amy O'Hara (September 1, 2020)
- Defendants' Opposition to Plaintiffs' Emergency Motion for Temporary Restraining Order (September 11, 2020)