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Second Judge Blocks Trump Administration's Census Citizenship Question Plans

A second federal judge has issued a court ruling against the administration's plans to ask whether every person living in the country is a U.S. citizen in the 2020 census.

The U.S. Constitution, Art. I, § 2,  gives Congress the duty to conduct a census every ten years and the power to determine the manner in which it will be done. Congress has delegated the authority to conduct the census to the Secretary of Commerce, and explicitly requires the Secretary to “acquire and use information available from” existing government records “To the maximum extent possible ... instead of conducting direct inquiries.”

Trump’s Commerce Secretary, Wilbur Ross, takes after his boss in that he thinks the law (and the Constitution) shouldn’t apply to him. Ross announced that the 2020 census would include a new direct inquiry--“Is this person a citizen of the United States?”--instead of using already available administrative records as federal law requires. Multiple legal challenges followed immediately.

On January 15, 2019, following a seven-day trial, a federal judge in New York issued a ruling that Ross’s action was arbitrary, capricious, and “not in accordance with law.” The court found Ross’s decision “neither logical nor rational”; his purported excuses “implausible”; his claims and assertions “simply untrue”; and his supposed justifications “unsupported by, or even counter to, the evidence.” (Read the full 277-page opinion here.)

“Secretary Ross’s decision to add a citizenship question to the 2020 census -- even if it did not violate the Constitution itself -- was unlawful for a multitude of independent reasons and must be set aside. To conclude otherwise and let Secretary Ross’s decision stand would undermine the proposition -- central to the rule of law -- that ours is a ‘government of laws, and not of men.’”

Trump immediately appealed, and as usual demanded that the U.S. Supreme Court circumvent the normal appeals process and hear the case itself, right away. This time, the Supreme Court agreed to grant premature review. Meanwhile, however, a second federal judge has just ruled that Ross’s action was “the definition of an arbitrary and capricious governmental act”; that his purported excuses are “mere pretext”; and that his supposed justification is a “sham justification” that “is not only unsupported, it is directly contradicted by the scientific analysis contained in the Administrative Record.” (Read the full 126-page opinion here.)

“Including the citizenship question on the 2020 Census is fundamentally counterproductive to the goal of obtaining accurate citizenship data about the public. This question is, however, quite effective at depressing response rates among immigrants and noncitizens.”

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"El espectáculo del tiempo", de Juan José Becerra

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Maria Becerra

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