Category Archives: census litigation

Plaintiffs in Census Case Question Whether DOJ Should Be Able to Withdraw Its Current Set of Attorneys and Potentially Drag Case Out

July 8, 2019, 6:05 pmcensus litigationRick Hasen

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

“Barr Says Legal Path to Census Citizenship Question Exists but Gives No Details”

July 8, 2019, 4:39 pmcensus litigationRick Hasen

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,… Continue reading

“Census Pretext Redux”

July 8, 2019, 4:16 pmcensus litigationRick Hasen

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… Continue reading

DOJ Lawyers Who Had Represented Government in Census Case are Being Replaced: An Ominous Development

July 7, 2019, 5:16 pmcensus litigationRick Hasen

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

Just 16 Days Ago, Trump Administration Solicitor General Told Supreme Court Census Form Had to Be Finalized by June 30 or Congress Would Have to Appropriate More Money

July 6, 2019, 3:19 pmcensus litigationRick Hasen

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… Continue reading

The Evenwel Gambit

July 6, 2019, 10:14 amcensus litigation, Supreme CourtRick Hasen

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… Continue reading

Breaking: Federal Judge in Census Citizenship Question Case Orders Discovery to Continue on Whether Government Acted with Discriminatory Intent

July 5, 2019, 12:48 pmcensus litigationRick Hasen

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… Continue reading

Gaming Out the Census Citizenship Question Endgame: What Comes Next, and How Will Things End?

July 5, 2019, 7:47 amcensus litigation, Supreme CourtRick Hasen

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… Continue reading

“The worst part about DOJ’s reversal on the census is the lack of deliberation”

July 5, 2019, 7:24 amcensus litigation, Department of JusticeRick Hasen

Harry Litman WaPo oped.

Since Trump Tweet, Justice Department Lawyers Trying to Come Up with New Pretext for Including Citizenship Question on Census; Federalist Society’s Leonard Leo Pushing Trump To Do This Despite Supreme Court Ruling

July 4, 2019, 8:40 pmcensus litigation, Supreme CourtRick Hasen

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

On NPR’s All Things Considered, Talking About the Latest Census Developments

July 4, 2019, 2:27 pmcensus litigationRick Hasen

You can listen here.

DOJ is Looking For Path to Continue Adding the Citizenship Question on the Census After Trump Tweet: My Thoughts on What Happens Next

July 3, 2019, 2:24 pmcensus litigationRick Hasen

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

Federal Court in Maryland Census Case Gives Trump DOJ Until 2 PM Friday to Stipulate that Census Question Is Off the Census or the Case Goes Forward

July 3, 2019, 1:38 pmcensus litigationRick Hasen

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 Greenhouse Believes Roberts Changed His Position in Census Case After First Draft Favored the Government

July 3, 2019, 11:52 amcensus litigation, Supreme CourtRick Hasen

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… Continue reading

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