April 18, 2019

The Citizenship Question Presented: The Census Case Reaches the Supreme Court


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ACS experts discuss whether the addition of a citizenship question to the census violates the Administrative Procedures Act and/or the Constitution’s enumerations clause, and whether the trial court had the authority to order the deposition of Commerce Secretary Wilbur Ross to ascertain the motive for the question’s inclusion.

On April 23rd, the Supreme Court will hear oral argument in Department of Commerce v. New York, a case that raises questions of administrative and constitutional law, and that has the potential to affect the accuracy of the 2020 Census, thereby impacting congressional representation and federal funding decisions.

Featured Speakers:

Jennifer Nou, Professor of Law, University of Chicago Law School

Daniel Tokaji, Associate Dean for Faculty and The Charles W. Ebersold and Florence Whitcomb Ebersold Professor of Constitutional Law, The Ohio State University Moritz College of Law

Kara Stein, ACS Vice President of Policy and Program