Lawsuits After Supreme Court Decision
|
The Supreme Court ruled on the citizenship question and blocked placing the question on the 2020 census form on June 27, 2019. On July 11, President Trump issued an Executive Order to collect administrative data and information about citizenship status in connection with the decennial census
On September 13, 2019, MALDEF (Mexican American Legal Defense and Educational Fund) and Asian Americans Advancing Justice | AAJC (Advancing Justice | AAJC) filed suit on behalf of two non-profit groups and two Latino voters in Arizona and Texas to oppose the Trump administration’s plan to collect and provide incomplete citizenship data to the states for purposes of redistricting. 2019/09/13 MALDEF: MALDEF Sues Trump Administration Over Citizenship Data Collection AAAJ | AAJC: Asian American Justice Center Sues Trump Administration over Citizenship Data Collection On January 9, 2020, the House Committee on Oversight and Reform held a hearing on "Reaching Hard-to-Count Communities in the 2020 Census." John Yang, President and Executive Director for AAAJ | AAJC, submitted a written statement. Related media reports:
Earlier on November 26, 2019, the House Committee on Oversight and Reform sued Attorney General William Barr and Commerce Secretary Wilbur Ross to enforce a subpoena for documents related to the 2020 Census. 2019/11/26 Politico: Oversight panel sues William Barr, Wilbur Ross over 2020 census documents Case 1:19-cv-03557 Complaint for Declaratory and Injunctive Relief (Updated January 24, 2020) |
|
Original Lawsuits on Citizenship Question
Eight lawsuits related to the citizenship question in the 2020 Census were filed by state and local governments, civil rights and professional organizations, and concerned individuals. Seven were known to be against the addition of the citizenship question in the 2020 Census, one in support.
The two New York cases were consolidated into one on September 14, 2018. The trial began on November 5, 2018 and ended on November 27, 2018. Judge Jesse Furman ruled against the Trump Administration in the New York District Court and blocked the citizenship question in the 2020 Census on January 15, 2019. The two California cases began on January 7, 2019. Judge Richard Seeborg ruled in March 2019 that the citizenship question is unconstitutional and a violation of a federal statute. The two Maryland cases began on January 22, 2019. Judge George Jarrod Hazel ruled in April 2019 that the decision to include it on forms for the 2020 Census was unlawful. The Electronic Privacy Information Center also filed a lawsuit on November 20, 2018. (Updated on November 27, 2019) |
Lawsuits Opposing Citizenship Question
|
2018/04/03: Case 1:18-cv-02921: State Of New York et al v. Ross et al
2018/06/06: Case 1:18-cv-05025: New York Immigration Coalition et al v. Department of Commerce et al Location: New York Southern District Court
Status: Decided PACER Monitor: State Of New York et al v. United States Department of Commerce et al PACER Monitor: The New York Immigration Coalition et al v. Department of Commerce et al 2020/05/21 Bloomberg Law: Trump Administration Sanctioned in 2020 Census Citizenship Case 2019/05/30 Exhibit A: Chart Comparing Prior Testimony or Representations with New Evidence 2019/01/15 NPR: Judge Jesse Furman decision to block citizenship question (277 pages). 2018/11/27 Trial ended. 2018/11/05 Trial began. 2018/09/14 Case 18-CV-05025 was closed per the Court's Order, consolidating it with 18-CV-02921. 2018/07/26 Judge Jesse Furman dismissed the plaintiffs' claim based on the Enumeration Clause — the constitutional requirement of a national head count every 10 years — but ruled that other claims can proceed. 2018/06/06 1:18-cv-05025: Complaint (68 pages) 2018/04/03 1:18-cv-02921: Complaint for Declaratory and Injunctive Relief (54 pages) |
|
2018/03/26: Case 3:18-cv-01865 State of California v. Ross et al
2018/04/17: Case 5:18-cv-02279 City of San Jose et al v. Ross et al Location: California Northern District Court
Status: Decided PACER Monitor: State of California v. Ross et al PACER Monitor: City of San Jose et al v. Ross et al 2019/03/06 CNBC: Federal judge in California bars Trump administration from adding citizenship question to 2020 census 2019/01/07 Trial began. 2018/08/30 Judge Seeborg set trial date to begin on January 7, 2019. 2018/08/17 Judge Richard Seeborg denied motion to dismiss and granted request to conduct discovery outside the administrative record. 2018/06/08 Document 23-5 Release of Documents by the Department of Justice (440 pages) 2018/04/17 Complaint for Declaratory and Injunctive Relief (36 pages) |
|
2018/04/11: Case 8:18-cv-01041 Kravitz et al v. Department of Commerce et al
2018/05/31: Case 8:18-cv-01570-GJH: Multiple Organizations v. Ross et al Location: Maryland District Court
Status: Decided PACER Monitor: Kravitz et al v. Department of Commerce et al 2019/04/05 NPR: Trump Administration's Census Citizenship Question Plans Halted By 3rd Judge 2019/01/22 Trial began. 2018/08/22 George Jarrod Hazel denied motion to dismiss and allowed the lawsuit to proceed with discovery. 2018/07/09 Lawsuit on 2020 Census Citizenship Question Updated to Include Native American Groups and Charge Government Conspiracy 2018/05/31 8:18-cv-1570: Complaint for Declaratory and Injunctive Relief (90 pages) 2018/04/11 Complaint for Declaratory and Injunctive Relief (42 pages) |
|
2018/11/20: Case 1:18-cv-02711 Electronic Privacy Information Center v. United States Department of Commerce
Location: District of Columbia District Court
Status: Pending 2019/02/09 CNN: Judge declines to block citizenship question from the 2020 census on privacy grounds 2018/11/20 Complaint for Injunctive Relief (28 pages) |
Lawsuit Supporting Citizenship Question
|
2018/05/22: Case 2:18-cv-00772-RDP: Morris J. Brooks, Jr., v. Department of Commerce and Census Bureau
Court Docket Sheet: Alabama, State of et al v. United States Department of Commerce et al
2021/05/10 Brennan Center: Alabama Gives Up Census Lawsuit to Exclude Undocumented People 2019/08/15 Washington Post: The census citizenship question failed. But Alabama is seeking to exclude undocumented immigrants in apportioning congressional seats 2019/08/04 AL.com: Alabama forges on in Census battle after Trump retreats on citizenship question 2019/02/04 Court Order on Motion to Dismiss 2018/12/14 Judge Allows Arizona Voters To Defend Against Census Lawsuit 2018/05/22 2:18-cv-00772-RDP: Complaint for Declaratory Relief (35 pages) |
Early Discovery Materials
|
More than 10,000 pages of materials were released in the early discovery process. Subsequent materials are linked in various reports:
2018/08 NPR: U.S. Census Bureau Working Paper: "Understanding the Quality of Alternative Citizenship Data Sources for the 2020 Census" 2018/07/24 NPR: Commerce Secretary Grew Impatient Over Census Citizenship Question, Emails Reveal (>2,400 pages) 2018/06/08: Department of Justice: Commerce Department's Administrative Record For Census Citizenship Question Lawsuits (1,332 pages) |