Friday, January 18, 2019

Trump administration appeals ruling blocking Census question on citizenship


AS EXPECTED, the Trump administration is appealing a court ruling that blocks plans to add a controversial citizenship question to the 2020 census.


The Department of Justice wants the 2nd U.S. Circuit Court of Appeals to review the decision about the question that was delivered only two days earlier in a New York court.

In that case, U.S. District Judge Jesse Furman concluded the decision by Commerce Secretary Wilbur Ross, who oversees the Census Bureau, to add a question about U.S. citizenship to census forms was "unlawful" and made "a veritable smorgasbord of classic, 
clear-cut" violations of the Administrative Procedure Act.


The appeal sets up the likelihood that the case will proceed to the U.S. Supreme Court.
In anticipation of that happening, the High Court suspended scheduled oral arguments on the controversial citizenship question that was originally scheduled for Feb. 19.
in a brief order on Friday (Jan. 18), the justices decided to put matters on hold after a federal district court judge on Jan. 15 ruled the government could not proceed with its plans. Challengers to the census question then asked the justices to dismiss the related pending appeal, saying the issue was moot.
Later Friday, the justices removed it from the court's calendar and filed a docket entry noting that the "briefing schedule is suspended pending further order from the court."
Civil rights groups and several state Attorneys General say including the question regarding citizenship would dampen responses from legal and undocumented immigrants, resulting in an inaccurate talley, which would affect congressional representation and allocation of federal funds.
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