Ross, Sec. of Commerce v. California

Whether the district court erred in enjoining the Secretary of Commerce from reinstating a citizenship question to the 2020 decennial census.

Petitioner reinstated a citizenship question to the decennial census in response to the Department of Justice’s request for citizenship data in order to enforce Section 2 of the Voting Rights Act of 1965, 52 U.S.C. § 10301. Respondents filed suit with the district court, which held in favor for Respondents, enjoining Petitioner from reinstating the citizenship question, regardless of any “technical compliance” with the Administrative Procedure Act, 5 U.S.C. § 701. Petitioner appealed to the Ninth Circuit but petitioned the Supreme Court for certiorari before judgment under Rule 11 of the Supreme Court Rules. 28 U.S.C. § 2101(e). Petitioner argues that the Enumeration Clause in the U.S. Constitution requires a decennial census and grants Congress authority and discretion in determining how the census is conducted. Petitioner also argues that the Census Act, 13 U.S.C. § 1, delegates that authority and discretion to Petitioner, who determined that the decennial census in 2020 should contain a question regarding citizenship. Petitioner further argues that the Court should grant certiorari before judgment because the decennial census is of such “immense nationwide importance” as to require Supreme Court review. The Court granted certiorari and issued a summary order, vacating the judgment and remanding to the Ninth Circuit with instructions to consider it in light of Department of Commerce v. New York, 588 U. S. ___ (2019). VACATED and REMANDED.