Multistate lawsuit against citizenship Census question to go from the front: NPR



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Rep. Grace Meng, D-N.Y. (center) held a press conference earlier this month in Manhattan federal court with Liz OuYang (left) of the New York Immigration Coalition and other critics of the new issue on the 2020 census .

Hansi Lo Wang / NPR


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Rep. Grace Meng, D-N.Y. (Center) held a press conference earlier this month in Manhattan federal court with Liz OuYang (left) of the New York Immigration Coalition and other critics of the new issue on the 2020 census. 19659006] Hansi Lo Wang / NPR

A Manhattan federal judge ruled that the largest of the six lawsuits against the new citizenship issue on the 2020 census can go forward in the courts.

More than two dozen states and cities, as well as other groups and individuals, are suing the Census Bureau and the Commerce Department, which oversees the census, to remove the issue of status. US citizenship of the 2020 census forms. The judges of Maryland and California decide to dismiss similar court challenges.

While US District Judge Jesse Furman rejected claimants' claim based on the enumeration clause – the constitutional requirement of a national enumeration every 10 years – Furman ruled that other claims in both cases before him may continue.

In his opinion released Thursday, Furman stated that the plaintiffs [traduction] "presumably argue that Secretary Ross's decision to re-establish the citizenship issue was motivated, at least in part, by a discriminatory spirit and would result in discriminatory effect ". Still, the judge noted that Secretary of Commerce Wilbur Ross, who approved the addition of the citizenship issue, has a "broad authority" on the census. "The plaintiffs may not be able to prove that he exercised this authority illegally," Furman wrote. Both cases in New York are now moving toward a potential lawsuit that would begin as early as the end of October.

In a written statement, the Attorney General of New York State, Barbara Underwood, whose office represents her state in the New York lawsuit, described this decision as "a great victory for New Yorkers and all those who care "

At a hearing held on July 3, Furman stated that it was" unlikely "that he would dismiss the case in its entirety, as requested Trump administration. Citing internal documents issued as part of the lawsuits filed by the Commerce Department, which oversees the Census Bureau, Mr. Furman said that there was evidence suggesting that the administration had acted "in bad faith "by adding the question of citizenship.

After the hearing, Rep. Grace Meng, D-N.Y., And members of the New York Immigration Coalition and other critics of the citizenship issue gathered in front of the courthouse to celebrate Furman's announcement.

"Hey, Trump, we're not fooled, do not use the census as a tool!" they chanted, waving handwritten signs saying "NO QUESTION OF CITIZENSHIP" and "EVERYONE COUNTS".

Secretary of Commerce Wilbur Ross announced his approval of the citizenship issue in March. However, the internal documents filed by the Commerce Department in court proceedings raise questions about exactly why Ross made this decision.

In a note filed last month, Ross contradicts his testimony of a congressional hearing in March. told legislators that the Justice Ministry had "initiated" the request because the department needs a better count of citizens of voting age to enforce the provisions of the law on voting rights against discrimination racial. Ross revealed in his last memo, that before receiving the DOJ's request he and his staff asked the department if he would submit an application for a citizenship question – a request that He would approve later. 19659019] Secretary of Commerce worries about citizenship issue, emails reveal “/>

The Commerce Secretary also wrote in the memo that he started adding a citizenship question. confirmed for the position in February 2017. The subject, he noted, was discussed by other top officials of the Trump administration. In an internal email released by the Commerce Department, Kris Kobach, the Kansas State Secretary who helped lead the commission on President Trump's election fraud, wrote that he had contacted Ross about of a citizenship issue "under the direction of Steve Bannon".

At the July 3 hearing, Furman J. ordered the Departments of Commerce and Justice to issue additional internal documents regarding the decision to add the citizenship question to 1320 pages published. by the Trump administration in June. . Some of these documents were published on Monday. Furman also allows lawyers in New York-based business to file up to 10 officials from both departments.

The Constitution requires a count of all persons living in the United States every 10 years. The Census Bureau has not asked all US households since 1950. After the adoption of the Voting Rights Act in 1965, the federal government enforced Article 2 of the law using estimates citizens of voting age from a sample survey. US Census Bureau (19659008) Census Bureau researchers, including its Scientific Director, cautioned against adding an issue of citizenship to the 2020 census form because of fears of discouraging non-citizens – and the American citizens living with them. same households – to participate in the enumeration. This would undermine the accuracy of influential population figures that are used to reallocate congressional seats among states, draw legislative constituencies, and distribute about $ 800 billion a year in federal funds. The impact of undercoverage in the 2020 census would also be felt among businesses, health researchers and enumerators who rely on the federal government's demographics.

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