As Supreme Court decision nears, lower court orders new look at census citizenship question

Washington Post logoA federal appeals court said Tuesday that a Maryland judge should examine new allegations that the Trump administration had a discriminatory intent in adding a citizenship question to the 2020 Census, on the eve of a possible Supreme Court decision on the matter.

The order was part of last-minute wrangling in the lower courts, in the Supreme Court and on Capitol Hill as the justices are set to vote on the issue before the end of their term, presumably this week.

The Supreme Court is considering lower-court decisions that said Commerce Secretary Wilbur Ross violated administrative law and the enumeration clause of the Constitution by proposing to ask the citizenship question of each household. Critics, even in the Census Bureau, say the question could cause an undercount of millions of people who would be afraid to return the form.

View the complete June 25 article by Robert Barnes, Felicia Sonmez and Tara Bahrampour on The Washington Post website here.

Commerce Dept. ordered ex-official not to answer House panel questions

A former senior Commerce Department official refused to answer more than 100 questions during an interview with the House Oversight and Reform Committee that centered on the Trump administration’s controversial decision to add a citizenship question to the 2020 census, according to atranscript released Tuesday.

Commerce Department lawyers instructed James Uthmeier, who served as senior adviser and counsel to Secretary Wilbur Ross, not to answer the committee’s questions about his contacts with the White House and his conversations with Ross.

Uthmeier was also directed not to discuss the contents of a memo he wrote to a senior Justice Department official, John Gore, that purportedly outlines legal arguments surrounding the addition of a citizenship question to the census. On several occasions, Uthmeier was also blocked from disclosing details about his own conversations with Gore.

View the complete June 25 article by Andrew Desiderio on the Politico website here.

Trump asserts executive privilege over subpoenaed census docs

President Trump has asserted executive privilege over congressionally subpoenaed documents on the addition of a citizenship question to the 2020 census, the Department of Justice announced Wednesday.

The announcement comes as the House Oversight and Reform Committee is set to vote on whether to hold Attorney General William Barr and Commerce Secretary Wilbur Ross in contempt for failing to comply with congressional subpoenas for the documents.

“By proceeding with today’s vote, you have abandoned the accommodation process with respect to your requests and subpoenas for documents concerning the secretary’s decision to include a citizenship question on the 2020 census,” Assistant Attorney General Stephen Boyd wrote in a letter to House Oversight and Reform Committee Chairman Elijah Cummings(D-Md.).

View the complete June 12 article by Jacqueline Thomsen on The Hill website here.

House gets its say as Supreme Court takes up census citizenship question

Stakes are high as decision could affect how many House seats each state gets

The House gets a relatively rare chance to directly address the Supreme Court on Tuesday in a legal showdown about whether the Trump administration can add a citizenship question to the 2020 census.

The case is one of the most significant for members of Congress during the current Supreme Court term. The census results determine how many House seats each state gets and affect how states redraw congressional districts. The results are also used to distribute billions of dollars from federal programs that are based on population count to state and local governments.

The House cited those reasons when it asked for time during oral argument. The lawmakers plan to argue that it is up to Congress to ensure an accurate count, and a federal law called the Census Act limits the discretion of Commerce Secretary Wilbur Ross to add a question about whether each person being counted is a citizen.

View the complete April 22 article by Todd Ruger on The Roll Call website here.

Congressman Blasts Commerce Secretary For Deceit In Census Scheme

Commerce Secretary Wilbur Ross Credit: Manuel Balce Ceneta, AP

In a powerful moment, Rep. Lacy Clay (D-MO) slammed Trump Commerce Secretary Wilbur Ross for “misleading Congress” and trying to steal political power from nonwhite Americans, and called on Ross to resign.

Ross testified Thursday before the House Oversight Committee about his role in adding a question about citizenship to the upcoming 2020 Census — a racist ploy by Republicans that would intimidate many undocumented immigrants out of participating in the survey. This would lead areas with larger minority populations to be undercounted in the census, which would deny those communities equal representation in Congress and equal access to federal funding.

Clay asked Ross if he would “take responsibility today for misleading Congress” when he testified under oath that the citizenship question was added “solely” based on a request from the Department of Justice in December 2017. But new documents and memos have surfaced showing that Ross was part of an administration discussion on the new question in April 2017.

View the complete March 14 article by Oliver Willis on the National Memo website here.

Trump administration asks Supreme Court to quickly take up census citizenship question

The Justice Department’s request to add a citizenship question on the 2020 U.S. Census was granted. Here’s how that could affect voting districts. (Joyce Koh, Daron Taylor/The Washington Post)

The Trump administration asked the Supreme Court on Tuesday to bypass its normal procedures and decide quickly whether a question on citizenship can be placed on the 2020 Census.

Last week, U.S. District Judge Jesse M. Furman of New York ordered the administration to stop its plans to add the question to the survey. Furman said Commerce Secretary Wilbur Ross broke a “veritable smorgasbord” of federal rules by ordering the citizenship question added against the advice of career officials who said it was likely to cut down the response rate and make the census less accurate.

Normally, the Justice Department would appeal the decision to the U.S. Court of Appeals for the 2nd Circuit. But Solicitor General Noel J. Francisco said that would not leave enough time for a final ruling from the Supreme Court.

View the complete January 22 article by Robert Barnes on The Washington Post website here.

California, NY sue Trump administration over addition of citizenship question to census

The following article by Samantha Schmidt was posted on the Washington Post website March 27, 2018:

The Justice Department’s request to add a citizenship question on the 2020 U.S. Census was granted. Here’s how that could affect voting districts. (Joyce Koh, Daron Taylor/The Washington Post)

The state of California sued the Trump administration Monday night, arguing that the decision to add a question about citizenship in the 2020 Census violates the U.S. Constitution. The state’s attorney general acted just after the Commerce Department announced the change in a late-night release.

The action was followed Tuesday by an announcement from New York Attorney General Eric T. Schneiderman that he will lead a multi-state lawsuit to preserve what he said was a fair and accurate Census. Continue reading “California, NY sue Trump administration over addition of citizenship question to census”