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San Jose v. Ross

Last Updated Aug 1, 2019
Case number

No. 3:18-cv-02279 (N.D. Cal.); No. 19-15457 (9th Cir.); No. 18-1214 (S. Ct.)

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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 ยง 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 California 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 30, 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
Highlighted document Document icon Executive order Jul 11, 2019
Document icon Plaintiffs' 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 dismiss Jul 24, 2019
Document icon Order granting voluntary dismissal Jul 30, 2019
    Name Last Modified
Document icon Petition for writ of certiorari Mar 18, 2019
Document icon San Jose response Mar 20, 2019
Document icon Amicus brief Fair Lines America Foundation Mar 21, 2019
Document icon California response Apr 5, 2019
Highlighted document Document icon Decision vacating and remanding Jun 28, 2019

Additional Cases

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