The motion was filed in the SDNY case, mostly directed at Commerce officials. With 428 pp. of receipts. … Continue reading
Category Archives: census litigation
Hansi with the scoop: https://twitter.com/hansilowang/status/1151169448457441282 UPDATE: Here’s the final signed order itself. … Continue reading
Well, that’s an interesting strategy: You’ve got to spend money to make money. But that’s not the way Texas, and a handful of other states, are looking at the 2020 census. Officials in Texas have decided not to spend any … Continue reading
The candidates weigh in on using citizenship data in the redistricting process. … Continue reading
A reminder that we’re not out of the woods yet. I wonder if this will come up in the Senate hearing on the Census in an hour. … Continue reading
Video from a Netroots Nation panel with Adam Bonin, Eric Holder, Alex Padilla, Denise Merrill, and Vanita Gupta. Man, last Thursday seems like a long time ago. … Continue reading
TPM dives in on the citizenship-data Paperwork Reduction Act filing spotted over the weekend. And Reuters reviews the legal battles that might result. … Continue reading
The WaPo sees a through-line in debates about race and the census. Janai Nelson has a deeper look in the Columbia Law Review. … Continue reading
The Nation picks up the redistricting thread. … Continue reading
Hugh Hewitt’s op-ed suggests that the president should have refused to quit on the census case, and calls for a motion for reconsideration in the Supreme Court. For perspective, it also claims that “the Supreme Court sat on the decision … Continue reading
Hansi Lo Wang points to a July 3 census filing under the Paperwork Reduction Act (the weeds matter, people) in which the Department of Commerce, “having carefully considered the matter, has determined that there is not sufficient time to develop … Continue reading
With the legal fight over the content of the 2020 enumeration questionnaire finally settled, commentators and advocates are turning to the fight over getting the count right. Here’s one example from Josh Geltzer and Mary McCord in the WaPo, and … Continue reading
And here’s the other turn Rick’s been forecasting: a HuffPost piece discussing the potential to use data culled for the President’s Executive Order in the redistricting process. And a WaPo dive on the potential consequences. … Continue reading
Fact check on the notion that Obama took a citizenship question off of the census. Spoiler: nope. … Continue reading
There’s a Census Bureau test of the 2020 form in the field at the moment, with and without the citizenship question, and it’s generating a bit of confusion. … Continue reading
As Michael Li explains, on All Things Considered. … Continue reading
Fascinating read. … Continue reading
Hi. Please don’t consider this a preview for the coming week: most of the posts will be a lot shorter. I promise. Until yesterday, the official government reason for getting citizenship information in connection with the decennial census was the … Continue reading
Axios’s Jonathan Swan: Top figures in the conservative legal community are stunned and depressed by President Trump’s cave in his fight for a citizenship question on the 2020 Census.The state of play: Sources say Leonard Leo and other Federalist Society stalwarts … Continue reading
President Trump’s Speech this afternoon in which he said that the Administration would give up on efforts to add a citizenship question to the census is a victory for the rule of law. Many people were predicting that Trump would … Continue reading
See my earlier post: All’s Well That Ends Well, or All’s Well That Evenwel? How the Commerce Department May Still Help States to Draw Districts with Equal Numbers of Voter Eligible Persons to Minimize Hispanic (and Democratic) Voting Strength. … Continue reading
I’m seeing a lot of hyperventilating on Twitter and elsewhere about how President Trump is about to start a constitutional crisis through an executive order that would mandate inclusion of the citizenship question on the census. If Trump actually ordered … Continue reading
Order: The DOJ’s motion to withdraw certain attorneys is “patently insufficient,” Furman said in a scorching 3-page ruling.Only two attorneys who left DOJ’s civil division, Brett Shumate and Alice LeCour, will be allowed to withdraw. Several others must stay. pic.twitter.com/E3zdTiVjkt— … Continue reading
Politico: On Friday one of the three district court judges, Maryland-based U.S. District Judge George Hazel, ordered the start of discovery, a chance for both parties to seek out related evidence in the case.Civil rights groups say they plan to … Continue reading
See this filing: New filing in State Of New York et al v. United States Department of Commerce et al: Response to Motionhttps://t.co/Vq53PHkbom pic.twitter.com/Gr0dpy5Vyl— Big Cases Bot (@big_cases) July 9, 2019 … Continue reading
NYT: President Trump and Attorney General William P. Barr began working to find a way to place a citizenship question on the 2020 census just after the Supreme Court blocked its inclusion last month, Mr. Barr said on Monday, adding that he … Continue reading
Matthew Franck in NRO: Can the president, as Rivkin and Gray suggest, simply issue an executive order adding a citizenship question to the census in order to “comply with the requirements of Section 2”? Not, I should think, if the … Continue reading
My thoughts on the news via Del Wilber: This development is ominous.It almost certainly means the career attorneys working for the Department of Justice refused to go along with what Trump wants to do now with the citizenship question on … Continue reading
Marty Lederman on the strong grounds for applying estoppel against the government in the census case: 1/ UPDATE on OSG representations w/r/t the census form deadline (h/t @hansilowang): Just 16 days ago, mere days before the Court was to decide … Continue reading
Joey Fishkin: So that leaves what I’d call the Evenwel Gambit: fess up, selectively, to Real Reason 2. Claim that you want to add the citizenship question to the Census in order to enable the CVAP-based drawing of district lines … Continue reading
Judge Hazel order, rejecting the DOJ gambit: The Court has received and appreciates the discovery plans submitted by both sides. It appears that while the parties agree to the parameters of the proposed schedule, Defendants take the view that discovery … Continue reading
I thought I’d pull together some thoughts on the issue of whether the Trump Administration will try again to add a citizenship question to the census, after sharing some earlier thoughts across this blog, to NPR, and at Slate. The … Continue reading
Harry Litman WaPo oped. … Continue reading
Washington Post: Trump was furious and thought the Commerce Department and the Justice Department — which has been arguing the case — had given up the fight too easily. He complained about Chief Justice John G. Roberts Jr.,who he said … Continue reading
You can listen here. … Continue reading
From the hearing before Judge Hazel today (via Tierney Sneed): MR. HUNT: We at the Department of Justice have been instructed to examine whether there is a path forward, consistent with the Supreme Court’s decision, that would allow us to … Continue reading
Hansi Lo Wang: 2. If Trump administration does not enter into written agreement to not pursue a #CitizenshipQuestion by Friday 2 p.m. ET hearing, Judge Hazel is ready to move forward with reconsidering recently resurrected discrimination and conspiracy allegations against … Continue reading
Linda in the NYT: But first, the census case. I’ve been obsessed with imagining whatever dark night of the soul preceded the chief justice’s last-minute decision to shift course and reject the administration’s position.I readily admit that I have no … Continue reading
Well let’s see where things go from here: The News Reports about the Department of Commerce dropping its quest to put the Citizenship Question on the Census is incorrect or, to state it differently, FAKE! We are absolutely moving forward, … Continue reading
Not sure what this means: A very sad time for America when the Supreme Court of the United States won’t allow a question of “Is this person a Citizen of the United States?” to be asked on the #2020 Census! … Continue reading
It is undeniably good news that the Trump Administration decided to abandon the citizenship question in the face of evidence that it would depress turnout especially among those with noncitizens in a household and in light of the Supreme Court’s … Continue reading
Never have I been happier to be wrong. The real question is why the Trump Administration caved after the president said as recently as yesterday that he would delay the census if necessary to take another run at the Supreme … Continue reading
CNN: President Donald Trump said Monday his administration is “looking at” delaying the 2020 census after the Supreme Court last week blocked the administration from adding a question about citizenship status on the decennial survey.His comments came as government attorneys on Monday evening asked a … Continue reading
NYT: ut even though some Democrats may perceive the court’s decision as a victory, the damage, many experts say, has already been done. The fear engendered by the administration’s immigration policies will make the job of census workers difficult in … Continue reading
Jennifer Nou has written this interesting post at SCOTUSBlog. … Continue reading
Others have made this point, but I wanted to flag this gratuitous and unsupported impugning of district court judge Furman in the census case. Thomas painted Furman as a conspiracy theorist in his partial dissent (joined by Gorsuch and Kavanaugh): … Continue reading
Here at Howard. … Continue reading
I indicated in my Slate piece that this is not over, and here’s more proof: Seems totally ridiculous that our government, and indeed Country, cannot ask a basic question of Citizenship in a very expensive, detailed and important Census, in … Continue reading
The census decision is coming tomorrow from the Supreme Court. Most likely in my view is a 5-4 decision upholding the inclusion of the citizenship question, without addressing equal protection issue. Alito (if he writes) could include dicta to try … Continue reading
From the letter: First, the Solicitor General’s request would require this Court to render an improper advisory opinion on issues that have not been briefed or argued before this Court, relating to cases that are not before this Court, based … Continue reading