Federal judge challenges citizenship question on census, citing Administrative Procedure Act

Judge Jesse Furman of the United States District Court for the Southern District of New York, a President Obama nominee, issued a ruling on January 15, 2019, holding that Commerce Secretary Wilbur Ross violated the Administrative Procedure Act (APA) by not properly following APA procedure when including a question regarding citizenship status in the 2020 census.
 
Plaintiffs in the case also argued that Ross violated the equal protection component of the U.S. Constitution’s Due Process Clause. Furman, however, held that the due process claims fell short because the administrative record in the case did not demonstrate discrimination as a motivating factor for Ross’ decision.
 
The case consolidated two legal challenges before the Southern District of New York: State of New York, et al. v. United States Department of Commerce, et al. and New York Immigration Coalition, et al. v. United States Department of Commerce, et al. The plaintiffs in the cases included a coalition of 18 states and the District of Columbia, fifteen cities and counties, the United States Conference of Mayors, and a group of advocacy organizations.
 
Following the ruling, the U.S. Department of Justice (DOJ) stated that is was disappointed in the decision and was reviewing the case. “Our government is legally entitled to include a citizenship question on the census and people in the United States have a legal obligation to answer,” said DOJ spokeswoman Kelly Laco. “Reinstating the citizenship question ultimately protects the right to vote and helps ensure free and fair elections for all Americans.”



About the author

Caitlin Styrsky

Caitlin Styrsky is a staff writer at Ballotpedia and can be reached at caitlin.styrsky@ballotpedia.org

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