Supreme Court blocks state citizenship question in the census in 2020, for now

close tovideo Scotus to decide, census, redistricting

Carrie Severino, and Elizabeth Wydra weigh in on the Supreme Court’s upcoming decision on whether or not a question about illegal immigration in the upcoming census.

The Supreme court on Thursday blocked, now is the Trump administration’s plan is to have a question on the 2020 census asked a person’s citizenship.

The court said the administration is the explanation for adding such a question is insufficient, and sent him back to the lower courts for further consideration. The ruling marks a setback for the government, but the Problem is not yet solved.


The judgment said that the court was presented “with an explanation for the Agency action, which is incongruent with what the report reveals about the priorities of the Agency and the decision-making process.”

This case was one of the most watched cases of the court term, the Department of Commerce, v. city of New York, and explores exactly what led the Secretary of Commerce Wilbur Ross decision also belongs to the question in the first place.

The ruling comes after a ruling by the U.S. District Court in the Southern district of New York, said the question was inadmissible.

On the question of whether Ross was acting within his authority when he added, is the question. More specifically, there were questions whether he will pay the Administrative Procedure Act that sets the standards for how Federal agencies make changes to, or the Enumeration clause of the Constitution, which says that congressional representatives are apportioned to States based on their population, “” and “persons.”

The opponents of the question not to be feared, that by questioning people about their citizenship, the immigrants may want to respond and be counted in the census. The result would be figures in the official population, which are lower than they really are, which in turn could seats less Federal funds and less congressional in districts with a high immigrant population. These districts tend to favor Democrats.


The Trump administration claims that the question is necessary because it would help with the enforcement of § 2 of the Voting Rights Act, the vote of the practices of discrimination on the basis of race. The idea behind this is that these data would help to prevent the drawing of congressional maps in a way, the discrimination of a minority of the citizens of voting age.

Previously, in June, the house Oversight Committee voted to hold Secretary Ross and attorney General Bill Barr, in contempt, after they do not have the documents to a Committee request for records relating to the addition of the citizenship in question. President Trump had called to hold the executive privilege, the records from the house. The house has still a procedure, no further steps in the contempt.

There was a flurry of judicial activity in connection with the nationality question in the days before the Supreme court decision.

On Monday, a U.S. District Court judge in Maryland made a ruling that States that the question of a potential Equal protection and civil rights questions adopted. The same court had previously decided that the citizenship of the question, against the Administrative Procedure Act and the Enumeration clause.

The earlier ruling found that the Voting Rights Act had been used as a pretext for the citizenship question, but not determine, what may have been the actual reason. The new judgment is had on the basis of new evidence for the influence of Dr. Thomas Hofeller, the addition of the question.

The decision of the court discussed how Hofeller appeared, were involved in the creation of the supposed pretext of the Voting Rights Act, and that Hofeller, the files contain a study that shows that adding a state would be a citizenship question to the census “is advantageous to the Republicans and Non-Hispanic White.”

The ACLU included, to take into account that the decision in the Supreme Court filing questions of the judge, and leave the case to a lower court for further fact-finding.

On Tuesday, the government sent a letter to the Supreme Court, claims that the Maryland District Court’s order “is based on a speculative conspiracy theory, is not supported by the evidence and legally irrelevant.” On the same day, the Fourth Circuit Court of Appeal, a motion granted to send the case back to the bottom, so that the Same protection and civil rights, issues in account.

The government sent a further letter of support for the Supreme court to consider what additional problems. Solicitor General Noel Francisco, said that the government has settled the Problem so that you can close the census questionnaire, a 30. June-Deadline. Civil rights groups fired back to say that the Equal protection and civil rights issues were not presented in the briefs or oral arguments before the Supreme court, and that the census date is pushed off, it could be Oct. 30, according to the Census Bureau’s chief scientist.


The census had a nationality question in the past, but not since the 1950’s. Then the individuals were asked about their place of birth and, if it was outside of the United States, they were asked whether they had been naturalized.

President Trump tweeted in April that the census report would be “useless” without the citizenship in question.

Fox News’ Shannon Bream and Bill Mears contributed to this report.

Follow us

Don't be shy, get in touch. We love meeting interesting people and making new friends.

Most popular