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No. 18-966October Term 2018Decided Jun 27, 2019

Docket 18-966October Term 2018 (2018–2019)

Department of Commerce v. New York

This case concerned the Trump administration’s decision to add a citizenship question to the 2020 census.

Case status

Current stage
Decided
Latest event
Decision released Jun 27, 2019
Case Accepted
Arguments
Decision ReleasedJun 27, 2019
What it's about

This case concerned the Trump administration’s decision to add a citizenship question to the 2020 census. States and local governments challenged the move, arguing that it would reduce participation and that the Secretary of Commerce’s stated reason for adding the question was unlawful and not the real reason.

Question presented

1. WHETHER THE SECRETARY OF COMMERCE’S DECISION TO ADD A CITIZENSHIP QUESTION TO THE DECENNIAL CENSUS VIOLATED THE ENUMERATION CLAUSE OF THE U.S. CONSTITUTION, ART. I, §2, CL. 3. 2. Whether the district court erred in enjoining the Secretary of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the Secretary's decision violated the Administrative Procedure Act (APA), 5 U.S.C. 701 et seq. 3. Whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker-including by compelling the testimony of high-ranking Executive Branch officials-without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis.

Case path

United States Court of Appeals for the Second Circuit / Decision released Jun 27, 2019

Area

Administrative Law