Department of Commerce v. New York
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 John Roberts on Jun 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.
Jan 25, 2019Petition for a writ of certiorari before judgment filed. (Response due February 25, 2019)Jan 25, 2019Motion to expedite consideration of the petition for a writ of certiorari filed by petitioners.Jan 29, 2019Response to petitioners' motion to expedite from respondents New York, et al. (Government Plaintiffs-Respondents) filed.
Jan 30, 2019Motion DISTRIBUTED for Conference of 2/15/2019.
Feb 11, 2019DISTRIBUTED for Conference of 2/15/2019.
Feb 11, 2019Brief of respondents New York et al. (Government Plaintiffs-Respondents) in opposition filed. (Distributed)Feb 11, 2019Brief amicus curiae of United States House of Representatives filed. (Distributed)Feb 11, 2019Brief amici curiae of Ronald A. Cass & Christopher C. DeMuth, Sr. filed. (Distributed)Feb 11, 2019Brief amicus curiae of Public Interest Legal Foundation filed. (Distributed)Feb 11, 2019Brief of respondents New York Immigration Coalition, et al. in opposition filed. (Distributed)Feb 11, 2019Brief amici curiae of Judicial Watch and AEF filed. (Distributed)Feb 12, 2019Brief amicus curiae of Project on Fair Representation filed. (Distributed)Feb 13, 2019Reply of petitioners Department of Commerce, et al. filed. (Distributed)Feb 15, 2019Petition for a writ of certiorari before judgment GRANTED. The case will be set for argument in the second week of the April argument session.
Feb 19, 2019Joint letter of the parties proposing briefing schedule filed.Feb 21, 2019Petitioner'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.
Feb 22, 2019SET FOR ARGUMENT on Tuesday, April 23, 2019 (10 a.m.).
Feb 25, 2019Letter of petitioners filed.Feb 27, 2019Blanket Consent filed by respondents New York, et al. (government respondents).Feb 27, 2019Blanket Consent filed by respondents New York Immigration Coalition, et al.Mar 4, 2019Motion of United States House of Representatives for leave to participate in oral argument as amicus curiae and for divided argument filed.Mar 6, 2019Joint appendix of petitioners filed (Volume 1). (Statement of costs filed)Mar 6, 2019Brief of petitioners Department of Commerce, et al. filed.Mar 6, 2019Brief amicus curiae of The Becket Fund for Religious Liberty in support of neither party filed.Mar 6, 2019Brief amici curiae of Ronald A. Cass & Christopher C. DeMuth, Sr. filed.Mar 6, 2019Brief amici curiae of Oklahoma, et al. filed.Mar 6, 2019Brief amicus curiae of Project on Fair Representation filed.Mar 6, 2019Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.Mar 6, 2019Brief amicus curiae of Public Interest Legal Foundation filed.Mar 6, 2019Brief amici curiae of Republican National Committee and the National Republican Congressional Committee filed.Mar 6, 2019Brief amici curiae of Citizens United, et al. filed.Mar 6, 2019Brief amici curiae of Judicial Watch and Allied Educational Foundation filed.Mar 6, 2019Brief amicus curiae of Immigration Reform Law Institute filed. (Distributed)Mar 8, 2019Joint 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.Mar 11, 2019Letter of petitioners updating Court on related case filed. (Distributed)Mar 13, 2019Joint letter of respondents in response to letter of Solicitor General filed. (Distributed)Mar 15, 2019The 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.
Mar 20, 2019CIRCULATED
Mar 20, 2019Blanket consent filed by petitioners.Mar 21, 2019Record requested from the U.S.C.A. 2nd Circuit.
Mar 26, 2019Brief amici curiae of The KIPP Foundation, et al. filed. (Distributed)Mar 28, 2019Record received from the U.S.D.C. Southern District of New York. The record is Sealed. (One Envelope).
Mar 29, 2019Brief amici curiae of The National School Boards Association, et al. filed. (Distributed)Apr 1, 2019Joint appendix of respondents filed (Volumes 2, 3 & 4). (Statement of costs filed). (Distributed)Apr 1, 2019Brief of respondents New York, et al. (Government Plaintiffs-Respondents) filed. (Distributed)Apr 1, 2019Brief of respondents New York Immigration Coalition, et al. filed. (Distributed)Apr 1, 2019Brief amici curiae of Businesses and Business Organizations filed. (Distributed)Apr 1, 2019Brief amicus curiae of Natural Resources Defense Council filed. (Distributed)Apr 1, 2019Brief amici curiae of Norman Y. Mineta, et al. filed. (Distributed)Apr 1, 2019Certificate of Service filed with respect to brief of amicus curiae of Arab American Institute.Apr 1, 2019Brief amicus curiae of State of California filed. (Distributed)Apr 1, 2019Brief amici curiae of Current Members of Congress and Bipartisan Former Members of Congress filed. (Distributed)Apr 1, 2019Brief amici curiae of Electronic Privacy Information Center, et al. filed. (Distributed)Apr 1, 2019Proof of Service filed with respect to brief of amici Electronic Privacy Information Center (EPIC), et al..Apr 1, 2019Brief amici curiae of Plaintiffs in Kravitz et al. v. United States Department of Commerce et al., No. 18-1041 (D.MD) filed. (Distributed)Apr 1, 2019Brief amici curiae of American Statistical Association, et al. filed. (Distributed)Apr 1, 2019Brief amicus curiae of The Nielsen Company (US), LLC filed. (Distributed)Apr 1, 2019Brief amicus curiae of United States House of Representatives filed. (Distributed)Apr 1, 2019Brief amici curiae of The Catholic Charities of the Archdiocese of New York, et al. filed. (Distributed)Apr 1, 2019Brief amicus curiae of Arab American Institute filed. (Distributed)Apr 1, 2019Brief amicus curiae of The Council of the Great City Schools filed. (Distributed)Apr 1, 2019Brief amici curiae of Harris County, Texas, et al. filed. (Distributed)Apr 1, 2019Brief amici curiae of The Leadership Conference on Civil and Human Rights, et al. filed. (Distributed)Apr 1, 2019Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. (Distributed)Apr 1, 2019Brief amici curiae of Lawyers for Civil Rights, et al. filed. (Distributed)Apr 1, 2019Brief amici curiae of 190 Bipartisan Elected Officials, et al. filed. (Distributed)Apr 1, 2019Brief amici curiae of Former Census Bureau Directors filed. (Distributed)Apr 1, 2019Brief amici curiae of Foundations and Philanthropy-Serving Organizations filed. (Distributed)Apr 1, 2019Brief amici curiae of Former Federal District Judges filed. (Distributed)Apr 1, 2019Brief amici curiae of National Asian Pacific Bar Association, et al. filed. (Distributed)Apr 1, 2019Brief amici curiae of International Municipal Lawyers Association (IMLA) and the International City/County Management Association (ICMA) filed. (Distributed)Apr 1, 2019Brief amici curiae of County of Santa Clara, et al. filed. (Distributed)Apr 1, 2019Brief amici curiae of Central Valley Immigrant Integration Collaborative, et al. filed. (Distributed)Apr 1, 2019Brief amici curiae of Legal Services NYC, et al. filed. (Distributed)Apr 1, 2019Brief amici curiae of John R. Dunne, et al. filed. (Distributed)Apr 1, 2019Brief amici curiae of Common Cause, et al. filed. (Distributed)Apr 1, 2019Brief amici curiae of Historians and Social Scientists Margo Anderson, et al. filed. (Distributed)Apr 1, 2019Brief amici curiae of City of San Jose and the Black Alliance for Just Immigration filed. (Distributed)Apr 1, 2019Brief amici curiae of Nicholas Bagley, et al. filed. (Distributed)Apr 1, 2019Brief amici curiae of National Council of Nonprofits, et al. filed. (Distributed)Apr 1, 2019Brief amicus curiae of California Legislature filed. (Distributed)Apr 1, 2019Brief amici curiae of LatinoJustice PRLDEF, et al. filed. (Distributed)Apr 12, 2019Motion of United States House of Representatives for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 12, 2019Joint 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.
Apr 16, 2019Reply of petitioners Department of Commerce, et al. filed. (Distributed)Apr 23, 2019Argued. 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.
May 30, 2019Letter of respondents New York Immigration Coalition, et al. notifying Court of new proceedings in the district court (proposed redacted motion attached) filed. (Distributed)Jun 3, 2019Letter of petitioners updating Court on district court proceedings (Government's response to motion attached) filed. (Distributed)Jun 5, 2019Letter of respondents New York Immigration Coalition, et al. notifying Court of reply filed in district court of (copy of reply attached) filed. (Distributed)Jun 12, 2019Motion for limited remand filed by respondents New York Immigration Coalition, et al. (Distributed)Jun 20, 2019Petitioners' opposition to motion for limited remand filed. (Distributed)Jun 24, 2019Letter of respondents New York Immigration Coalition, et al. filed. (Distributed)Jun 25, 2019Letter of petitioners Department of Commerce, et al. filed. (Distributed)Jun 25, 2019Letter in Response to Letter of Department of Commerce, et al. of La Union Del Pueblo Entero not accepted for filing. (June 26, 2019)
Jun 25, 2019Letter of petitioners notifying Court of 4th Cir. ruling in related case filed. (Distributed)Jun 25, 2019Letter of respondents New York Immigration Coalition, et al. filed.Jun 26, 2019Motion DISTRIBUTED for Conference of 6/27/2019.
Jun 26, 2019Joint letter in opposition to petitioners' letter of June 25, 2019, filed by respondents. (Distributed)Jun 27, 2019Adjudged 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.
Jul 29, 2020JUDGMENT ISSUED.
Recommended Citation: Department of Commerce v. New York, SCOTUSblog, https://www.scotusblog.com/cases/department-of-commerce-v-new-york/