Case Summary
On August 18, 2020, a coalition of civil rights groups, administrative regions and individuals filed a federal lawsuit against the U.S. Secretary of Commerce challenging the U.S. Census Bureau’s decision to shorten the timeline for 2020 Decennial Census operations due to the coronavirus pandemic as violating the constitutional and statutory obligations to conduct an accurate decennial census, citing an increased likelihood in inaccuracies. They sought declaratory and injunctive relief barring the Census Bureau from proceeding with the shortened timeline and requiring them to reimplement the previous, lengthened COVID-19 plan and timeline.
- On September 24, 2020, the federal district court granted a preliminary injunction requiring the Bureau to continue collecting census responses past September 30 and invalidating the December 31, 2020, deadline for the release of congressional apportionment numbers. Defendants appealed to the U.S. Court of Appeals for the Ninth Circuit and sought an administrative stay the next day.
- On October 7, 2020, the Ninth Circuit partially granted a stay allowing the census count to continue until October 31, 2020, but leaving the December 31, 2020, data release deadline in place. Defendants filed a motion for stay pending appeal from the U.S. Supreme Court the same day.
- On October 13, 2020, SCOTUS reversed the Ninth Circuit and stayed the district court’s injunction entirely, thereby allowing the Census Bureau to cease their counting operations.
- On April 22, 2021, the parties jointly stipulated to dismiss the case after reaching an agreement regarding the Bureau’s actions to be taken to ensure the accuracy of 2020 Census data. The district court dismissed the action that day.
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