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Department of Commerce v. New York on the Census Citizenship Question

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The inclusion of a citizenship question—“Is this person a citizen of the United States?”—on the 2020 census raised several challenges to its legitimacy. Civil rights groups argued that the question is designed to discourage participation by immigrants, which will lead to undercounting for representation and the provision of services. The Court considered several questions about whether the content or process of the question violated federal laws or the Enumeration Clause of the Constitution by discouraging an accurate census. Given the deep political significance of immigration policy in the Trump era, this case is vitally important.

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  1. 1.

    Kevin Russell, “Overview of Supreme Court’s Cert. Before Judgment Practice,” SCOTUSblog, 9 February 2009.

  2. 2.

    Supreme Court Rule 11.

  3. 3.

    Amy Howe, “Argument Analysis: Divided Court Seems Ready to Uphold Citizenship Question on 2020 Census,” SCOTUSblog, 23 April 2019.

  4. 4.

    Pete Williams, “Supreme Court to Decide if Administration Can Ask About Citizenship in 2020 Census,” NBC News, 22 April 2019.

  5. 5.

    Mithun Mansinghani, “Facts, Not Fears, Should Control Outcome of Census Citizenship Question Case,” SCOTUSblog, 2 April 2019.

  6. 6.

    Hans von Spakovsky, “Only in America,” SCOTUSblog, 4 April 2019.

  7. 7.

    Department of Commerce v. New York oral argument transcript, page 33.

  8. 8.

    Mansinghani, “Facts, Not Fears”.

  9. 9.

    Department of Commerce v. New York oral argument transcript, page 42.

  10. 10.

    State of New York, et al. v. United States Department of Commerce, et al. (2019) slip opinion, page 8.

  11. 11.

    Amy Howe, “Court Will Review Census Citizenship Dispute This Term,” SCOTUSblog, 15 February 2019.

  12. 12.

    Amy Howe, “Justices Add Constitutional Question to Citizenship Case,” SCOTUSblog, 15 March 2019.

  13. 13.

    Josh Gerstein and Ted Hesson, “Supreme Court Divided on Citizenship Question for Census,” Politico, 23 April 2019.

  14. 14.

    Department of Commerce v. New York oral argument transcript, page 48.

  15. 15.

    Michael Wines, “Deceased G.O.P. Strategist’s Hard Drives Reveal New Details on the Citizenship Question,” The New York Times, 30 May 2019.

  16. 16.

    Department of Commerce v. Ross decision, pages 26–27.

  17. 17.

    Gilad Edelman, “Everybody Hates John Roberts,” Washington Monthly, 29 June 2019.

  18. 18.

    Adam Liptak, “Supreme Court to Hear Case on Census Citizenship Question,” The New York Times, 15 February 2019.

  19. 19.

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  20. 20.

    @JoshMBlackman (Josh M. Blackman). Twitter, 7:37 p.m., 11 July 2019.

  21. 21.

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  22. 22.

    “Remarks by President Trump on Citizenship and the Census,” 11 July 2019.

  23. 23.

    Robert Barnes, “In Travel Ban Case, Supreme Court Considers ‘The President’ vs. ‘This President’,” The Washington Post, 22 April 2019. See Chapter 7 of SCOTUS 2018, “Trump v. Hawaii on the Travel Ban by Anthony A. Peacock”.

  24. 24.

    John Yoo and James Phillips, “Roberts Thwarted Trump, but the Census Ruling Has a Second Purpose,” The Atlantic, 11 July 2019.

  25. 25.

    Nicolas Bagley and Samuel Bray, “Judges Shouldn’t Have the Power to Halt Laws Nationwide,” The Atlantic, 31 October 2018; William P. Barr, “Attorney General William P. Barr Delivers Remarks to the American Law Institute on Nationwide Injunctions,” (2019); Trump v. Hawaii (2018) Thomas concurrence.

  26. 26.

    Zoe Tillman, “The Supreme Court Will Review Trump’s Decision to End DACA,” Buzzfeed, 28 June 2019.

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Correspondence to Brett Curry .

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Curry, B. (2020). Department of Commerce v. New York on the Census Citizenship Question. In: Klein, D., Marietta, M. (eds) SCOTUS 2019. Palgrave Macmillan, Cham.

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