The Supreme Court February 2019 sitting begins on February 19th with Department of Commerce v. U.S. District Court for the Southern District of New York, the Census Case.
The Case has its Roots in the Announcement, earlier this year, that the 2020 Census would Include a Question about whether the Individuals Responding to the Census are Citizens of the U.S.
The Trump Administration said that the Question was intended to help the Department of Justice (DOJ) better to Enforce Federal Voting-Rights Laws, but the Challengers, including a group of States, led by New York, argue that including the Question would Skew the Results of the Census because it would Discourage Households with Undocumented Immigrants from responding.
February’s Oral Argument will Not Focus on the Legality of the Citizenship Question, but instead on a Dispute over what Evidence can be gathered for Use in a Trial on the Citizenship Question.
The Challengers wanted to take the Depositions of Wilbur Ross, the Secretary of Commerce, and John Gore, the Acting Head of the Civil Rights Division of the Department of Justice, and obtain Evidence outside the Official Government Record considered by Ross in making his Decision.
In late October, the Justices Blocked Ross’ Deposition but allowed the Gore Deposition and Factfinding, and eventually the Trial itself, to Go Forward.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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