In Re Department of Commerce, et al., Applicants
In brief
The Supreme Court paused one evidence-gathering order, did not pause two others, and did not decide whether the evidence gathering should ultimately stop.
- Where it stands
- Decided
Decided · October 22, 2018
- What it’s about
- The Supreme Court temporarily stopped district-court discovery into Commerce Secretary Wilbur Ross’s reasons for adding a citizenship question to the 2020 Census, including planned depositions of senior officials.
- Who it affects
- The September 21 order was paused only through October 29, 2018, at 4 p.m., unless the Department filed a timely petition. The July 3 and August 17 orders were not paused, and the Court did not decide whether evidence gathering should ultimately stop.
Summary: written with AI from the case record.
What it's about
The Court granted the Department of Commerce’s request for a stay and directed the government to file an expedited petition seeking further review, so the Department prevailed on the immediate request.
This was a procedural step in litigation over the 2020 Census citizenship question, not a final decision on the broader dispute.
Question presented
Whether this Court should grant extraordinary mandamus relief to halt discovery in district court litigation regarding the 2020 Census.
What the Court decided
Holding
The application for stay (18A375) presented to JUSTICE GINSBURG and by her referred to the Court is granted in part and denied in part. The application is granted as to the order of the United States District Court for the Southern District of New York dated September 21, 2018, which is stayed through October 29, 2018 at 4 p.m. The application is denied as to the orders of the United States District Court for the Southern District of New York dated July 3,2018 and August 17, 2018. If the applicants file a petition for a writ of certiorari or a petition for a writ of mandamus with respect to the stayed order by or before October 29, 2018 at 4 p.m., the stay will remain in effect until disposition of such petition by this Court. Should the petition be denied, this stay shall terminate automatically. In the event the petition is granted, the stay shall terminate upon the sending down of the judgment of this Court. The denial of the stay with respect to the remaining orders does not preclude the applicants from making arguments with respect to those orders. Justice Gorsuch, with whom Justice Thomas joins, concurs in part and dissents in part. (Detached opinion )
From the opinions
“Normally, judicial review of an agency action like this is limited to the record the agency has compiled to support its decision.”
What's next
The Department of Commerce could file a petition for Supreme Court review or a mandamus petition (a request for an order directing the lower court to act) by October 29, 2018, at 4 p.m. A timely filing would keep the pause in place until the Court finished acting on it; if the Court denied (refused) the petition, the pause would end automatically.
Documents
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More questions
- What was the Department of Commerce asking for?
- The Department asked the Supreme Court to halt evidence gathering about Secretary Wilbur Ross’s reasons for adding a citizenship question to the 2020 Census.
- What did the Supreme Court do in the Department of Commerce census case?
- It temporarily paused enforcement of the September 21, 2018, order through October 29 at 4 p.m. It did not pause enforcement of the July 3 or August 17 orders.
- Did the Court decide whether evidence gathering should ultimately stop?
- No. This procedural order addressed only a temporary pause and did not decide whether the Department’s request to halt evidence gathering should succeed.
- When could the pause continue?
- The Department could file a Supreme Court review request or a mandamus petition (a request directing the lower court to act). A filing by October 29, 2018, at 4 p.m. would keep the pause until the Court acted.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.