Department of Commerce v. New York

Docket No.	Argument	Opinion	Vote	Author	Term
18-966	Apr 23, 2019	Jun 27, 2019	5-4	Roberts	OT 2018

Holding: The secretary of the Department of Commerce did not violate the enumeration clause or the Census Act in deciding to reinstate a citizenship question on the 2020 census questionnaire, but the district court was warranted in remanding the case back to the agency where the evidence tells a story that does not match the secretary"s explanation for his decision.

Judgment: Affirmed in part, reversed in part, and remanded, 5-4, in an opinion by Chief Justice Roberts on June 27, 2019. Chief Justice Roberts delivered the opinion for a unanimous Court with respect to Parts I and II, and the opinion of the Court with respect to Parts III, IV"B, and IV"C, in which Justices Thomas, Alito, Gorsuch and Kavanaugh joined; with respect to Part IV"A, in which Justices Thomas, Ginsburg, Breyer, Sotomayor, Kagan and Kavanaugh joined; and with respect to Part V, in which Justices Ginsburg, Breyer, Sotomayor and Kagan joined. Justice Thomas filed an opinion concurring in part and dissenting in part, in which Justices Gorsuch and Kavanaugh joined. Justices Breyer filed an opinion concurring in part and dissenting in part, in which Justices Ginsburg, Sotomayor, and Kagan joined. Justice Alito filed an opinion concurring in part and dissenting in part.

SCOTUSblog Coverage

Supreme Court grants administrations request to discontinue census count (James Romoser, October 14, 2020)
Government seeks emergency ruling allowing it to end census count early (James Romoser, October 8, 2020)
Trump administration asks court to act quickly on census appeal (Amy Howe, September 22, 2020)
Symposium: Supreme Court not ready to give president carte blanche over immigration (Cecillia Wang, July 25, 2019)
Symposium: Immigration at the Roberts Court one year after Kennedys retirement (John Malcolm, July 25, 2019)
Trump administration ends effort to include citizenship question on 2020 census (Amy Howe, July 11, 2019)
Tom Goldstein and Sarah Harrington review past Supreme Court term with Casetexts Laura Safdie (SCOTUStalk, July 9, 2019)
Government says it is looking at all available options to include citizenship question on 2020 census (UPDATED) (Amy Howe, July 5, 2019)
2020 census questionnaires go to printer without citizenship question -- but government says it will continue to look for "path forward" (UPDATED) (Amy Howe, July 3, 2019)
Census symposium: Roberts Court stops the census citizenship question for now (Juan Cartagena, June 28, 2019)
Census symposium: Unusual facts make for unusual decisions (Nicholas Bronni, June 28, 2019)
Census symposium: The unanswered census question (Kaylan Phillips, June 28, 2019)
Census symposium: A place for pretext in administrative law? (Jennifer Nou, June 28, 2019)
Census symposium: A win for the deep state (Chris Hajec, June 28, 2019)
A view from the courtroom: With respect but deep sadness (Mark Walsh, June 27, 2019)
Opinion analysis: Court orders do-over on citizenship question in census case (Updated) (Amy Howe, June 27, 2019)
Government responds in census case; 4th Circuit remands Maryland case for more fact-finding (Second Update) (Amy Howe, June 26, 2019)
Challengers urge justices not to decide racial-discrimination claim in census case (Amy Howe, June 26, 2019)
Challengers notify justices about additional developments in census case (Amy Howe, June 24, 2019)
Government urges court to decide census case now (Amy Howe, June 20, 2019)
Challengers ask justices to put off census decision (Amy Howe, June 13, 2019)
The final three weeks of October term 2018 (SCOTUStalk, June 10, 2019)
Government responds in census citizenship case (Amy Howe, June 4, 2019)
Challengers in census case notify justices about new evidence (Amy Howe, May 30, 2019)
Judicial enumeration: Amy Howe and Kimberly Robinson count five justices for the citizenship question in Department of Commerce v. New York (SCOTUStalk, April 29, 2019)
A view from the courtroom: Counting to five (Mark Walsh, April 23, 2019)
Argument analysis: Divided court seems ready to uphold citizenship question on 2020 census (Amy Howe, April 23, 2019)
Academic highlight: Levitt on the collateral consequences of Department of Commerce v. New York (Amanda Frost, April 19, 2019)
Argument preview: Justices will review challenge to census citizenship question (Amy Howe, April 16, 2019)
Symposium: There is no valid justification for the citizenship question (Wendy Weiser and Kelly Percival, April 4, 2019)
Symposium: Only in America (Hans von Spakovsky, April 4, 2019)
Symposium: Unfinished business -- SCOTUS and the citizenship question (Erin Hustings, April 3, 2019)
Symposium: Questioning citizenship versus questioning the question (John Baker, April 3, 2019)
Justices will review challenge to census citizenship question: In Plain English (Amy Howe, April 2, 2019)
Symposium: The enumeration clause and Census Act provide important reviewable constraints on the conduct of the decennial census -- and Secretary Ross violated both (Mary McCord, April 2, 2019)
Symposium: Facts, not fears, should control outcome of census citizenship question case (Mithun Mansinghani, April 2, 2019)
Justices add constitutional question to citizenship case (Amy Howe, March 15, 2019)
Court will review census citizenship dispute this term (Amy Howe, February 15, 2019)
Government asks justices to resolve census citizenship case this term (Amy Howe, January 26, 2019)
Challengers urge justices to dismiss census case after district court ruling (Updated) (Amy Howe, January 18, 2019)
In a letter, government "suggests" hold for trial in census citizenship dispute (Amy Howe, November 27, 2018)
Justices to weigh in on evidence in census citizenship-question dispute (Amy Howe, November 16, 2018)
Federal government returns in census deposition dispute (Amy Howe, October 29, 2018)
Justices block Ross deposition in census dispute (Amy Howe, October 23, 2018)
Ginsburg puts census depositions on hold (Amy Howe, October 10, 2018)
Federal government asks justices to intervene in census dispute (Updated) (Amy Howe, October 3, 2018)

Date	Proceedings and Orders (key to color coding)
01/25/2019	Petition for a writ of certiorari before judgment filed. (Response due February 25, 2019)
01/25/2019	Motion to expedite consideration of the petition for a writ of certiorari filed by petitioners.
01/29/2019	Response to petitioners' motion to expedite from respondents New York, et al. (Government Plaintiffs-Respondents) filed.
01/30/2019	Motion DISTRIBUTED for Conference of 2/15/2019.
02/11/2019	DISTRIBUTED for Conference of 2/15/2019.
02/11/2019	Brief of respondents New York et al. (Government Plaintiffs-Respondents) in opposition filed. (Distributed)
02/11/2019	Brief amicus curiae of United States House of Representatives filed. (Distributed)
02/11/2019	Brief amici curiae of Ronald A. Cass & Christopher C. DeMuth, Sr. filed. (Distributed)
02/11/2019	Brief amicus curiae of Public Interest Legal Foundation filed. (Distributed)
02/11/2019	Brief of respondents New York Immigration Coalition, et al. in opposition filed. (Distributed)
02/11/2019	Brief amici curiae of Judicial Watch and AEF filed. (Distributed)
02/12/2019	Brief amicus curiae of Project on Fair Representation filed. (Distributed)
02/13/2019	Reply of petitioners Department of Commerce, et al. filed. (Distributed)
02/15/2019	Petition for a writ of certiorari before judgment GRANTED. The case will be set for argument in the second week of the April argument session.
02/19/2019	Joint letter of the parties proposing briefing schedule filed.
02/21/2019	Petitioner's brief on the merits, and any amicus curiae briefs in support of petitioners or in support of neither party, are to be filed on or before Wednesday, March 6, 2019. Respondents' briefs on the merits, and any amicus curiae briefs in support of respondents, are to be filed on or before Monday, April 1, 2019. The reply brief on the merits is to be filed in accordance with Rule 25.3 of the Rules of this Court.
02/22/2019	SET FOR ARGUMENT on Tuesday, April 23, 2019 (10 a.m.).
02/25/2019	Letter of petitioners filed.
02/27/2019	Blanket Consent filed by respondents New York, et al. (government respondents).
02/27/2019	Blanket Consent filed by respondents New York Immigration Coalition, et al.
03/04/2019	Motion of United States House of Representatives for leave to participate in oral argument as amicus curiae and for divided argument filed.
03/06/2019	Joint appendix of petitioners filed (Volume 1). (Statement of costs filed)
03/06/2019	Brief of petitioners Department of Commerce, et al. filed.
03/06/2019	Brief amicus curiae of The Becket Fund for Religious Liberty in support of neither party filed.
03/06/2019	Brief amici curiae of Ronald A. Cass & Christopher C. DeMuth, Sr. filed.
03/06/2019	Brief amici curiae of Oklahoma, et al. filed.
03/06/2019	Brief amicus curiae of Project on Fair Representation filed.
03/06/2019	Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.
03/06/2019	Brief amicus curiae of Public Interest Legal Foundation filed.
03/06/2019	Brief amici curiae of Republican National Committee and the National Republican Congressional Committee filed.
03/06/2019	Brief amici curiae of Citizens United, et al. filed.
03/06/2019	Brief amici curiae of Judicial Watch and Allied Educational Foundation filed.
03/06/2019	Brief amicus curiae of Immigration Reform Law Institute filed. (Distributed)
03/08/2019	Joint motion for enlargement of time for oral argument and for divided argument, and response to motion of United States House of Representatives for leave to participate in oral argument as amicus curiae and for divided argument filed by respondents New York et al.
03/11/2019	Letter of petitioners updating Court on related case filed. (Distributed)
03/13/2019	Joint letter of respondents in response to letter of Solicitor General filed. (Distributed)
03/15/2019	The parties are directed to brief and argue the following additional question: Whether the Secretary of Commerce’s decision to add a citizenship question to the Decennial Census violated the Enumeration Clause of the U.S. Constitution, art. I, §2, cl. 3. Respondents are allowed an additional 2,000 words in aggregate to address this question in their briefs on the merits. Petitioners are allowed an additional 1,000 words to address this question in their reply brief on the merits.
03/20/2019	CIRCULATED
03/20/2019	Blanket consent filed by petitioners.
03/21/2019	Record requested from the U.S.C.A. 2nd Circuit.
03/26/2019	Brief amici curiae of The KIPP Foundation, et al. filed. (Distributed)
03/28/2019	Record received from the U.S.D.C. Southern District of New York. The record is Sealed. (One Envelope).
03/29/2019	Brief amici curiae of The National School Boards Association, et al. filed. (Distributed)
04/01/2019	Joint appendix of respondents filed (Volumes 2, 3 & 4). (Statement of costs filed). (Distributed)
04/01/2019	Brief of respondents New York, et al. (Government Plaintiffs-Respondents) filed. (Distributed)
04/01/2019	Brief of respondents New York Immigration Coalition, et al. filed. (Distributed)
04/01/2019	Brief amici curiae of Businesses and Business Organizations filed. (Distributed)
04/01/2019	Brief amicus curiae of Natural Resources Defense Council filed. (Distributed)
04/01/2019	Brief amici curiae of Norman Y. Mineta, et al. filed. (Distributed)
04/01/2019	Certificate of Service filed with respect to brief of amicus curiae of Arab American Institute.
04/01/2019	Brief amicus curiae of State of California filed. (Distributed)
04/01/2019	Brief amici curiae of Current Members of Congress and Bipartisan Former Members of Congress filed. (Distributed)
04/01/2019	Brief amici curiae of Electronic Privacy Information Center, et al. filed. (Distributed)
04/01/2019	Proof of Service filed with respect to brief of amici Electronic Privacy Information Center (EPIC), et al..
04/01/2019	Brief amici curiae of Plaintiffs in Kravitz et al. v. United States Department of Commerce et al., No. 18-1041 (D.MD) filed. (Distributed)
04/01/2019	Brief amici curiae of American Statistical Association, et al. filed. (Distributed)
04/01/2019	Brief amicus curiae of The Nielsen Company (US), LLC filed. (Distributed)
04/01/2019	Brief amicus curiae of United States House of Representatives filed. (Distributed)
04/01/2019	Brief amici curiae of The Catholic Charities of the Archdiocese of New York, et al. filed. (Distributed)
04/01/2019	Brief amicus curiae of Arab American Institute filed. (Distributed)
04/01/2019	Brief amicus curiae of The Council of the Great City Schools filed. (Distributed)
04/01/2019	Brief amici curiae of Harris County, Texas, et al. filed. (Distributed)
04/01/2019	Brief amici curiae of The Leadership Conference on Civil and Human Rights, et al. filed. (Distributed)
04/01/2019	Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. (Distributed)
04/01/2019	Brief amici curiae of Lawyers for Civil Rights, et al. filed. (Distributed)
04/01/2019	Brief amici curiae of 190 Bipartisan Elected Officials, et al. filed. (Distributed)
04/01/2019	Brief amici curiae of Former Census Bureau Directors filed. (Distributed)
04/01/2019	Brief amici curiae of Foundations and Philanthropy-Serving Organizations filed. (Distributed)
04/01/2019	Brief amici curiae of Former Federal District Judges filed. (Distributed)
04/01/2019	Brief amici curiae of National Asian Pacific Bar Association, et al. filed. (Distributed)
04/01/2019	Brief amici curiae of International Municipal Lawyers Association (IMLA) and the International City/County Management Association (ICMA) filed. (Distributed)
04/01/2019	Brief amici curiae of County of Santa Clara, et al. filed. (Distributed)
04/01/2019	Brief amici curiae of Central Valley Immigrant Integration Collaborative, et al. filed. (Distributed)
04/01/2019	Brief amici curiae of Legal Services NYC, et al. filed. (Distributed)
04/01/2019	Brief amici curiae of John R. Dunne, et al. filed. (Distributed)
04/01/2019	Brief amici curiae of Common Cause, et al. filed. (Distributed)
04/01/2019	Brief amici curiae of Historians and Social Scientists Margo Anderson, et al. filed. (Distributed)
04/01/2019	Brief amici curiae of City of San Jose and the Black Alliance for Just Immigration filed. (Distributed)
04/01/2019	Brief amici curiae of Nicholas Bagley, et al. filed. (Distributed)
04/01/2019	Brief amici curiae of National Council of Nonprofits, et al. filed. (Distributed)
04/01/2019	Brief amicus curiae of California Legislature filed. (Distributed)
04/01/2019	Brief amici curiae of LatinoJustice PRLDEF, et al. filed. (Distributed)
04/12/2019	Motion of United States House of Representatives for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
04/12/2019	Joint motion for enlargement of time for oral argument and for divided argument filed by respondents GRANTED in part and the time is divided as follows: 40 minutes for petitioners, 20 minutes for respondents New York, et al., 10 minutes for respondents New York Immigration Coalition, et al., and 10 minutes for amicus curiae United States House of Representatives.
04/16/2019	Reply of petitioners Department of Commerce, et al. filed. (Distributed)
04/23/2019	Argued. For petitioners: Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. For respondents New York, et al.: Barbara D. Underwood, Solicitor General, New York, N. Y. For respondents New York Immigration Coalition, et al.: Dale E. Ho, New York, N. Y. For United States House of Representatives, as amicus curiae: Douglas N. Letter, General Counsel, U. S. House of Representatives, Washington, D. C.
05/30/2019	Letter of respondents New York Immigration Coalition, et al. notifying Court of new proceedings in the district court (proposed redacted motion attached) filed. (Distributed)
06/03/2019	Letter of petitioners updating Court on district court proceedings (Government's response to motion attached) filed. (Distributed)
06/05/2019	Letter of respondents New York Immigration Coalition, et al. notifying Court of reply filed in district court of (copy of reply attached) filed. (Distributed)
06/12/2019	Motion for limited remand filed by respondents New York Immigration Coalition, et al. (Distributed)
06/20/2019	Petitioners' opposition to motion for limited remand filed. (Distributed)
06/24/2019	Letter of respondents New York Immigration Coalition, et al. filed. (Distributed)
06/25/2019	Letter of petitioners Department of Commerce, et al. filed. (Distributed)
06/25/2019	Letter in Response to Letter of Department of Commerce, et al. of La Union Del Pueblo Entero not accepted for filing. (June 26, 2019)
06/25/2019	Letter of petitioners notifying Court of 4th Cir. ruling in related case filed. (Distributed)
06/25/2019	Letter of respondents New York Immigration Coalition, et al. filed.
06/26/2019	Motion DISTRIBUTED for Conference of 6/27/2019.
06/26/2019	Joint letter in opposition to petitioners' letter of June 25, 2019, filed by respondents. (Distributed)
06/27/2019	Adjudged to be AFFIRMED IN PART, REVERSED IN PART, and case REMANDED. Roberts, C. J., delivered the opinion for a unanimous Court with respect to Parts I and II, and the opinion of the Court with respect to Parts III, IV–B, and IV–C, in which Thomas, Alito, Gorsuch, and Kavanaugh, JJ., joined; with respect to Part IV–A, in which Thomas, Ginsburg, Breyer, Sotomayor, Kagan, and Kavanaugh, JJ., joined; and with respect to Part V, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed an opinion concurring in part and dissenting in part, in which Gorsuch and Kavanaugh, JJ., joined. Breyer, J., filed an opinion concurring in part and dissenting in part, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. Alito, J., filed an opinion concurring in part and dissenting in part.
07/29/2020	JUDGMENT ISSUED.