On June 27, the Supreme Court decided Department of Commerce v. New York, the legal challenge arising from Commerce Secretary Wilbur Ross’s decision to ask about the citizenship of census respondents. The case presents three questions: First, whether the 2020 Decennial Census can ask regarding each person counted at each residential address in the nation whether that person is a U.S. citizen. Second, whether district courts in an Administrative Procedure Act (APA) can order discovery beyond the administrative record to examine a Cabinet officers’ decision-making. And third, whether adding a question on citizenship violates the Constitution’s Enumeration Clause.
Chief Justice Roberts delivered the majority opinion (5-4) which claimed Secretary Ross did not violate the Enumeration Clause or the Census Act by reintroducing a citizenship question on the 2020 census, however because of the discrepancy between the Department of Commerce's evidence and the Secretary's explanation for his decision, the case is sent in part back to the District Court.
Please join us as our expert shares his reaction to and analysis on the decision.
Featuring:
Dr. John S. Baker, Jr., Professor Emeritus, Paul M. Hebert Law Center, Louisiana State University

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