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California v. Ross

Last Updated Aug 1, 2019
Case number

No. 3:18-cv-01865 (N.D. Cal.); No. 19-15456 (9th Cir.); No. 18-1214 (S. Ct.)

Cycle 2020

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Case Information

A federal challenge to the Department of Commerce’s inclusion of a citizenship question on the 2020 census questionnaire on two grounds (1) it violated the Constitutions “actual enumeration” mandate under Article I § 2, cl. 3 and (2) the inclusion of the citizenship question was arbitrary and capricious in violation of the Administrative Procedure Act (APA).

In March 2019, the trial court held the inclusion of the citizenship question violated the Constitution and was arbitrary and capricious. The court vacated the question and enjoined the Dept. of Commerce from including the citizenship question in the 2020 census. Following the decision, the Dept. of Commerce appealed to the Ninth Circuit and petitioned the Supreme Court to review the case.

The case was consolidated with San Jose v. Ross and on June 28, 2019 the Supreme Court vacated and remanded the cases to be reconsidered consistent with the Court’s decision in Dept. of Commerce v. New York. On July 11, 2019 the President issued an executive order acknowledging the citizenship question would not be included on the 2020 census questionnaire and the Dept. of Commerce moved to voluntarily dismiss the appeal to the Ninth Circuit, which the court granted on July 26, 2019.

On August 1, 2019, the trial court held the citizenship question was arbitrary and capricious and permanently enjoined the Dept. of Commerce from including the citizenship question on the 2020 census questionnaire.

History

Case filings, starting with most recent court
    Name Last Modified
Document icon Executive order Jul 11, 2019
Document icon Motion for final judgement Jul 30, 2019
Document icon Defendants' non-opposition Jul 30, 2019
Highlighted document Document icon Final judgement Aug 1, 2019
    Name Last Modified
Document icon Motion to voluntarily dismiss Jul 24, 2019
Document icon Order granting voluntary dismissal Jul 26, 2019
    Name Last Modified
Document icon Complaint Mar 26, 2018
Document icon Amended complaint May 4, 2018
Document icon Motion to dismiss Jun 21, 2018
Document icon Amicus brief in support of MTD American Center for Law and Justice Jun 29, 2018
Document icon Amicus brief Project on Fair Representation Jul 2, 2018
Document icon Plaintiffs' opposition to MTD Jul 17, 2018
Document icon Amicus brief Members of Congress Jul 19, 2018
Document icon Amicus brief Leadership Conference on Civil and Human Rights et al. Jul 24, 2018
Document icon Defendants' reply Jul 31, 2018
Document icon Order denying MTD Aug 17, 2018
Document icon Defendants' motion for summary judgement (incl. exh.) Nov 2, 2018
Document icon Plaintiffs' opposition (incl. exh.) Nov 16, 2018
Document icon LAUSD opposition and notice of joinder (incl. exh.) Nov 16, 2018
Document icon Amicus brief California legislature (incl. exh.) Nov 20, 2018
Document icon Defendants' reply (incl. exh.) Nov 26, 2018
Document icon Order denying MSJ Dec 14, 2018
Document icon Joint pre-trial statement and proposed order Dec 21, 2018
Document icon Defendants' proposed finding of facts and conclusions of law Dec 28, 2018
Document icon Plaintiffs' proposed finding of facts Dec 28, 2018
Document icon Plaintiffs' proposed conclusions of law Dec 28, 2018
Document icon LAUSD proposed findings of facts and conclusions of law Dec 28, 2018
Document icon Trial affidavits and declarations Dec 28, 2018
Document icon Defendants' designations (incl. exh.) Jan 2, 2019
Document icon Pre-trial joint statement and order Jan 2, 2019
Document icon Defendants' counter designations (incl. exh.) Jan 7, 2019
Document icon Defendants' objections to plaintiffs' trial declarations Jan 11, 2019
Document icon Trial declarations Jan 14, 2019
Document icon Defendants' post-trial proposed findings of facts and conclusions of law Feb 1, 2019
Document icon Plaintiffs' post-trial proposed findings of fact Feb 1, 2019
Document icon Plaintiffs' post-trial proposed conclusions of law Feb 1, 2019
Highlighted document Document icon Decision Mar 6, 2019
Highlighted document Document icon Final judgement Mar 13, 2019
Document icon Notice of appeal Mar 13, 2019

Additional Cases

A federal challenge to inclusion of citizenship question on 2020 census
Cycle 2020