Thursday, June 27, 2019

Breaking News: Supreme Court Decides Census Case, Remands for Non-Pretextual Explanation of the Citizenship Question


This morning -- on the last day of the Term, the Supreme Court released the decision in Department of Commerce v. New York. As SCOTUSblog summarizes the case, the Court held "that addition of question about citizenship to 2020 census does not violate Constitution’s enumerations clause or the Census Act, but that district court was warranted in remanding case to Department of Commerce to provide a non-pretextual explanation for adding the question."  Chief Justice Roberts, who wrote the opinion for the Court, found that the Department of Commerce's claim that the citizenship question was designed to facilitated Voters Right Act enforcement, seemed "contrived."

Here is Amy Howe's opinion analysis from SCOTUSBlog.


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