The administration’s plan to include a citizenship question on the 2020 form has brought intense scrutiny on Commerce Secretary Wilbur Ross.
By Robert Barnes Robert Barnes Reporter covering the U.S. Supreme Court Email Bio Follow April 21 at 7:00 AM The Supreme Court this week takes up the most consequential Trump administration initiative since last term’s travel ban, with the justices considering whether a question about citizenship can be added to the 2020 Census.
Commerce Secretary Wilbur Ross. Ross notes that at least a subset of the country has been asked about citizenship in every census, that asking the question of all households would provide more accurate information, and that it is needed for the Justice Department to protect minority voting rights. “It shows how unusual this case is . . . for three courts to say the same things,” said Dale E. Ho with the American Civil Liberties Union, one of four lawyers arguing before the court on Tuesday.
“Mr. Secretary, you lied to Congress, you misled the American people, and you are complicit in the Trump administration’s intent to suppress the growing political power of the nonwhite population,” Rep. William Lacy Clay told him. He adds: “The secretary’s decision to reinstate the citizenship question is committed to agency discretion by law and thus judicially unreviewable.”
But a coalition of blue states, cities and counties and civil rights groups immediately filed suit in courts across the country. They said Ross’s action, which was opposite of the advice of Census Bureau officials, was arbitrary and capricious, in violation of the Administrative Procedure Act; that it violated the enumeration clause in the Constitution; and that it would deny equal protection by discriminating against minorities.
Furman ruled that Ross’s actions constituted a “veritable smorgasbord of classic, clear-cut” violations of the Administrative Procedure Act and that the citizenship question could not be added. Hazel and Seeborg concluded the same and also said the question would violate the enumeration clause by resulting in a less accurate count.
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