Case Summary

On July 24, 2020, twenty states, cities, and smaller jurisdictions led by New York state filed a lawsuit contending that the July 21, 2020 Presidential Memorandum on the census is unconstitutional. The Department of Commerce, Commerce Secretary Wilbur Ross, the Census Bureau, and the Census Director Steven Dillingham are also named as defendants. The Memorandum directs the Census Bureau to exclude illegal immigrants from the official state census counts of that year. Plaintiffs have requested that the Presidential Memorandum be declared unconstitutional and that the Census Bureau and Department of Commerce be forbidden from sending apportionment-related citizenship data to the President.

Plaintiffs argue that the U.S. Constitution requires that the census include all persons in their state counts. They site the Due Process Clause of the Fifth Amendment of the U.S. Constitution to argue that the President's intention is to racially discriminate.

The Defendants' motion for stay was denied by the District Court on September 29.

Case Library

U.S. District Court for the Southern District of New York - 1:20-cv-05770

Supreme Court of the United States - 20-366