Department of Commerce v. New York

Background

In March 2018 Commerce Secretary Wilbur Ross decided to add a citizenship question to the 2020 census, saying the Department of Justice had requested the data to help enforce the Voting Rights Act. States, cities, counties, and immigrant-rights groups sued, arguing the change would depress responses and break federal rules. A New York trial court vacated the decision and blocked the question; the Government asked the Supreme Court to review the case.

Reasoning

The Court held that the Constitution allows asking about citizenship on the census, and that the Census Act does not place the Secretary's questionnaire decisions completely beyond judicial review. Applying the Administrative Procedure Act's deferential standard, the majority concluded the Secretary had plausible policy reasons but found his public explanation undermined by evidence suggesting the Voting Rights Act rationale was contrived. The Court affirmed in part, reversed in part, and remanded the matter for further proceedings.

Real world impact

The ruling lets the Government pursue a citizenship question but sends the case back so the agency must better justify the decision. The dispute touches census accuracy, possible undercounts of noncitizen and minority households, and consequential risks to federal funding and congressional seats. Because the Court remanded rather than permanently blocking the policy, printing and planning for the 2020 census remained unsettled while the agency proceeded.

Dissents or concurrances

Several Justices disagreed: Justices Thomas and Alito said courts should not probe executive motives and would have upheld the Secretary without remand. Justice Breyer, joined by three colleagues, thought the decision was arbitrary and would have set it aside on the merits, citing serious risks to an accurate enumeration.