Democracy Counts Newsletter, January 2019

Special Edition: New York v. Commerce lawsuit

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BREAKING: New York judge rules to stop the Citizenship Question in its tracks!

In an important win in our fight for a full and accurate census, a federal judge out of the Southern District of New York has ruled that the addition of a citizenship question to the 2020 Census was in violation of the Administrative Procedures Act.

Business leaders, elected officials of all parties, grassroots and civic activists, and now a FEDERAL JUDGE agree that the citizenship question should NOT be on the 2020 Census form.

This decision makes it clear – Secretary Ross LIED about his reasons for including the citizenship question on the 2020 Census. 

5 Important Things to Note About the NY Decision

  1. The fight is not over! This case will certainly be appealed and there are still cases pending in both California and Maryland.  We need to keep the pressure on Congress to remove the citizenship question.
  2. In this decision, Judge Furman found that Secretary Ross and the Commerce Department violated the Administrative Procedure Act in adding the citizenship question to the 2020 Census.  He did not find that Plaintiffs had established any clear violations of the Equal Protection Clause.
  3. Judge Furman prohibited the inclusion of the citizenship question on the 2020 Census And was explicit that this ruling applied nationally!
  4. This decision did not conclude that a question on citizenship can never be asked on the Census, just that it can’t be asked on the 2020 form.
  5. Because this decision will likely be appealed, we must call on Congress to stop this effort to politicize the 2020 Census — and instead push for a Census in which everyone counts. Add your name to our petition.

News Clips & Blogs on the Decision

Medium – Today’s Ruling on the Census Citizenship Question Still Leaves Room for Worry
USA TODAY- Judge strikes down Trump administration’s plan to add a citizenship
ABC News – Judge bars citizenship question from 2020 Census
Fox News – Federal judge bars Trump administration from adding citizenship question to 2020 census
Washington Post- Federal judge rules against Trump administration’s push for citizenship question on 2020 Census, case likely headed to Supreme Court
NPR- Judge Orders Trump Administration To Remove 2020 Census Citizenship Question

Common Cause along with prominent Republicans filed an animus brief in the New York v. Commerce challenge. You can view it here.

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