Case Summary
On August 18, 2020, the National Urban League, along with other organizations, individuals, and administrative regions, filed suit in the U.S. District Court for the Northern District of California against Wilbur Ross in his role as Secretary of Commerce challenging the Census Bureau's changes to the 2020 census timeline. In April 2020, the Census Bureau adopted a modified, extended timeline for conducting 2020 census operations amidst the COVID-19 pandemic, however, on August 3, 2020, Secretary Ross and the Census Bureau Director changed course and implemented a new, shortened timeline. Plaintiffs' suit alleges that the decision to discard the COVID-19 timeline and shorten the amount of time the Census Bureau would have to complete the 2020 Census would increase the likelihood of inaccuracies, thereby violating the constitutional and federal statutory obligations to reasonably conduct an accurate decennial census. Plaintiffs sought declaratory and injunctive relief barring the Census Bureau from proceeding with its shortened timeline and to re-implement the previous COVID-19 plan and timeline.
On September 24, 2020, the district court granted the plaintiff's request for a preliminary injunction requiring the Census Bureau to continue collecting responses past September 30 and invalidating the December 31, 2020, deadline for the Census Bureau to release the apportionment numbers. Defendants appealed the district court's ruling to the U.S. Court of Appeals for the Ninth Circuit and requested a stay of the district court's injunctive order pending its appeal. On October 7, 2020, the Ninth Circuit partially granted and partially denied the defendants' stay request, allowing the census count to continue until October 31, 2020. On October 13, 2020, the Supreme Court of the United States overruled the Ninth Circuit and issued a total stay of the district court's preliminary injunction order, thereby allowing the Census Bureau to cease their counting operations.
On April 22, 2021, the parties entered a joint stipulation requesting the district court dismiss the action after reaching an agreement regarding the Census Bureau's actions taken and to be taken to ensure the accuracy of the 2020 census data. The court accepted the parties' stipulation, and dismissed the action on April 22, 2021.
Case Library
U.S. District Court for the Northern District of California, San Jose Division - 5:20-cv-05799
- Complaint for Declaratory and Injunctive Relief - 8/18/20
- Motion for Stay and Preliminary Injunction - 8/25/20
- Declaration of D. Sunshine Hillygus, Phd in Support of Plaintiffs' Motion for Stay and Preliminary Injunction - 8/25/20
- Declaration of Dr. Thomas A. Louis, Phd in Support of Plaintiffs' Motion for stay and Preliminary Injunction - 8/25/20
- Declaration of John Thompson in Support of Plaintiffs' Motion for Stay and Preliminary Injunction - 8/25/20
- Declaration of Sadik Huseny in Support of Plaintiffs' Motion for Stay and Preliminary Injunction - 8/25/20
- Case Management Order - 8/26/20
- Brief of Amici Curiae 12 Businesses and Business Organizations in Support of Plaintiffs - 8/31/20
- Brief of Amici Curiae County of Santa Clara and 19 Additional Local Governments and Officials in Support of Plaintiffs' Motion for Preliminary Injunction - 8/31/20
- Brief of the Amici Curiae States and Local Governments in Support of Plaintiffs - 8/31/20
- Brief of the Amici Curiae States and Local Governments in Support of Plaintiffs - 8/31/20
- First Amended Complaint and Declaratory and Injunctive Relief - 9/1/20
- Plaintiffs' Motion for Temporary Restraining Order - 9/3/20
- Defendants' Opposition to Plaintiffs' Motion for Temporary Restraining Order - 9/4/20
- Defendants' Opposition to Plaintiffs' Motion for Stay or Preliminary Injunction - 9/4/20
- Declaration of Albert E. Fontenot, Jr. - 9/4/20
- Plaintiffs' Reply in Support of Motion for Temporary Restraining Order - 9/5/20
- Order Granting Motion for Temporary Restraining Order - 9/5/20
- Defendants' Notice Regarding Compliance with Temporary Restraining Order - 9/8/20
- Order - 9/8/20
- Order - 9/10/20
- Order - 9/12/20
- Defendants' Brief in Response to the Court's September 12, 2020 Order - 9/14/20
- Defendants' Response to the Court's September 12, 2020, Order - 9/14/20
- Plaintiffs' Response to Order - 9/14/20
- Plaintiffs' Reply Brief in Support of Motion for Stay and Preliminary Injunction - 9/15/20
- Declaration of Sadik Huseny in Support of Plaintiffs' Reply Brief for Motion for Stay and Preliminary Injunction - 9/15/20
- Order Extending Temporary Restraining Order for Defendants' Partial Production of the Administrative Record - 9/17/20
- Defendants' Second Supplemental Brief in Opposition to Plaintiffs' Motion for a Preliminary Injunction - 9/22/20
- Declaration of Albert E. Fontenot, Jr. - 9/22/20
- Supplemental Brief in Support of Motion for Stay and for Preliminary Injunction - 9/22/20
- Order Granting Plaintiffs' Motion for Stay and Preliminary Injunction - 9/24/20
- Defendants' Notice of Appeal - 9/25/20
- Defendants' Notice of Motion; Renewed Motion to Stay Pending Appeal - 9/25/20
- Order Denying Motion to Stay Pending Appeal - 9/25/20
- SCOTUS Order - 10/13/20
U.S. Court of Appeals for the Ninth Circuit - No. 20-16868
- Emergency Motion Under Circuit Rule 27-3 for a Stay Pending Appeal and for an Immediate Administrative Stay Pending Disposition of the Stay Motion - 9/25/20
- Brief of the States of Louisiana and Mississippi as Amici Curiae in Support of Defendants' Emergency Motion to Stay - 9/28/20
- Opposition to Motion for Immediate Administrative Stay Pending Disposition of Emergency Stay Motion - 9/28/20
- Order - 9/28/20
- Reply in Support of Emergency Motion Under Circuit Rule 27-3 for an Immediate Administrative Stay Pending Disposition of Motion for Stay Pending Appeal - 9/28/20
- Correspondence - 9/28/20
- Brief of Amici Curiae; County of Santa Clara and 18 Additional Local Governments in Support of Plaintiffs-Appellees' Opposition to Defendants-Appellants' Emergency Motion for a Stay Pending Appeal - 9/29/20
- Order - 9/30/20
- Opposition to Emergency Motion for Stay Pending Appeal - 10/2/20
- Reply in Support of Emergency Motion Under Circuit Rule 27-3 for Stay Pending Appeal - 10/3/20
- Order - 10/7/20
- Brief for Appellants - 10/23/20
- Appellees' Motion to Hold Appeal in Abeyance or, in the Alternative, for a 30-Day Extension of Time to File Response Brief - 12/7/20
- Order - 12/18/20
Supreme Court of the United States - No. 20A62
- Application for a Stay Pending Appeal to the United States Court of Appeals for the Ninth Circuit and Pending Further Proceedings in this Court and Request for an Immediate Administrative Stay - 10/7/20
- Response to Application for a Stay Pending Appeal to the United States Court of Appeals for the Ninth Circuit and Pending Further Proceedings in this Court and Request for an Immediate Administrative Stay - 10/10/20
- Reply in Support of Application for a Stay Pending Appeal to the United States Court of Appeals for the Ninth Circuit and Pending Further Proceedings in this Court and Request for an Immediate Administrative Stay - 10/10/20
- Grant of Stay and Dissenting Opinion - 10/13/20
U.S. District Court for the Northern District of California, San Jose Division - No. 5:20-cv-5799
- Order RE: U.S. Supreme Court's Stay and Case Management Conference - 10/13/20
- Defendants' Response to Court Order of October 13, 2020 - 10/15/20
- Joint Stipulation Regarding Deadlines Related to Second Amended Complaint - 10/16/20
- Order Granting Joint Stipulation - 10/20/20
- Defendants' Statement in Response to the Court's Order of October 13, 2020 - 10/23/20
- Plaintiffs' Statement RE: U.S. Supreme Court's Stay Pending Appeal - 10/23/20
- Order Granting Motion to Expedite by Louisiana and Mississippi and Denying Their Motion to Intervene - 10/26/20
- Second Amended Complaint for Declaratory and Injunctive Relief - 10/27/20
- Defendants' Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint; Memorandum in Support - 11/10/20
- Defendants' Notice of Motion; Motion for Stay of Proceedings - 11/10/20
- Joint Case Management Statement - 11/12/20
- Plaintiffs' Opposition to Defendants' Motion to Dismiss - 11/24/20
- Plaintiffs' Opposition to Defendants' Motion for Stay of Proceedings - 11/24/20
- Plaintiffs' Notice of Motion and Motion to Compel Timely Production of Documents and for Related Relief - 12/9/20
- Plaintiffs' Motion to Shorten Time and Expedite - 12/9/20
- Defendants' Opposition to Plaintiffs' Motion to Compel - 12/10/20
- Order Granting Motion to Compel - 12/10/20
- Defendants' Motion for Leave to File Emergency Motion for Reconsideration or, in the Alternative, for a Protective Order - 12/12/20
- Order - 12/12/20
- Plaintiffs' Response to Motion for Leave to File an Emergency Motion for Reconsideration, or, in the Alternative, for a Protective Order - 12/13/20
- Amended Order Denying Motion for Reconsideration and Clarifying Order to Compel - 12/13/20
- Joint Statement RE: Privilege Log and Privilege Disputes - 12/14/20
- Order - 12/15/20
- Defendants' Emergency Motion for a Protective Order - 12/16/20
- Plaintiffs' Response to Emergency Motion for a Protective Order - 12/16/20
- Order Denying Emergency Motion for Protective Order - 12/16/20
- Request for Rule 502(d) Order - 12/17/20
- Plaintiffs' Statement RE: Privilege Logs - 12/17/20
- Defendants' Response to Plaintiffs' Statement RE: Privilege Logs - 12/17/20
- Order in Response to Defendants' Failure to Comply with Court Order to Produce Privilege Log - 12/17/20
- Plaintiffs' Opposition to Defendants' Request for Rule 502(d) Order - 12/17/20
- Joint Case Management Statement - 12/18/20
- Defendants' Response to Order to Show Cause - 12/18/20
- Order - 12/18/20
- Plaintiffs' Response to Court's Ruling Ordering Defendants to Show Cause - 12/18/20
- Order Denying Defendants' Motion to Dismiss and Motion for Stay of Proceedings - 12/22/20
- Joint Discovery Status Report - 12/22/20
- Defendants' Response to Plaintiffs' Privilege Objections - 12/23/20
- Plaintiffs' Privilege Objections to December 21 Log and Related Privilege Disputes - 12/23/20
- Order After In Camera Review of Disputed Documents - 12/24/20
- Defendants' Motion for Relief from Nondispositive Pretrial Order of Magistrate Judges - 12/26/20
- Order - 12/26/20
- Plaintiffs' Response to Defendants' Motion for Partial Relief from Non-Dispositive Pretrial Order of Magistrate Judges - 12/28/20
- Defendants' Request for a Three-Judge Court - 12/29/20
- Joint Status Report on Defendants' Motion for Partial Relief from Non-Dispositive Pretrial Order - 12/29/20
- Plaintiffs' Addendum to Joint Status Report - 12/29/20
- Order Granting in Part and Denying in Part Plaintiffs' Requests for Relief in December 29, 2020 Joint Status Report - 12/29/20
- Defendants' Answer to Plaintiffs' Second Amended Complaint - 12/30/20
- Status Update on Order Granting in Part and Denying in Part Plaintiffs' Requests for Relief in December 29, 2020 Joint Status Report - 12/31/20
- Order as to Procedure for Audit of 2,477 Documents - 12/31/20
- Order Granting Plaintiffs' Request in December 31, 2020 Status Update - 12/31/20
- Defendants' Notice of Ongoing Efforts Related to ECF No. 421 - 1/3/21
- Order for Defendants to Check Certain Materials Provided January 3 for In Camera Review - 1/3/21
- Defendants' Response to Order to Check Certain Materials - 1/4/21
- Case Management Order - 1/4/21
- Order After Audit of Withheld Documents - 1/4/21
- Transcript of Proceedings Held on January 4, 2021 - 1/4/21
- Plaintiffs' Renewed Motion to Compel and for Sanctions - 1/5/21
- Defendants' Opposition to Plaintiffs' "Renewed" Motion to Compel and for Sanctions - 1/7/21
- Plaintiffs' Reply in Support of Renewed Motion to Compel and for Sanctions - 1/8/21
- Declaration of Amit Makker in Support of Plaintiffs' Reply in Support of Renewed Motion to Compel and for Sanctions - 1/8/21
- Order RE: Plaintiffs' Renewed Motion to Compel and for Sanctions - 1/8/21
- Transcript of Proceedings Held on January 11, 2021 - 1/11/21
- Plaintiffs' Opposition to Defendants' Request for a Three-Judge Court - 1/12/21
- Defendants' Response to Case Management Order - 1/12/21
- Defendants' Response to Case Management Order - 1/14/21
- Stipulation and Proposed Order Regarding Census and Population Counts and 21-Day Stay of Proceedings - 1/15/21
- Order - 1/15/21
- Notice of Executive Order - 1/21/21
- Order Granting Plaintiffs' Renewed Motion to Compel; Deferring Ruling on Sanctions - 1/28/21
- Stipulation and Proposed Order Regarding Stay of Further Proceedings on Plaintiffs' Motion to Compel - 1/30/21
- Order Granting Stipulation and Proposed Order - 1/31/21
- Stipulation and Proposed Order - 2/3/21
- Order - 2/3/21
- Stipulation and Proposed Order - 2/24/21
- Order - 2/24/21
- Stipulation and Proposed Order - 3/17/21
- Order - 3/17/21
- Stipulation and Proposed Order - 4/1/21
- Order - 4/2/21
- Stipulation and Proposed Order - 4/15/21
- Order - 4/15/21
- Stipulated Order Regarding Dismissal - 4/22/21
- Order of Dismissal - 4/22/21