Podcasts about enumeration clause

On June 27, the Supreme Court decided Department of Commerce v. New York, the legal challenge arising from Commerce Secretary Wilbur Ross’s decision to ask about the citizenship of census respondents. The case presents three questions: First, whether the 2020 Decennial Census can ask regarding each person counted at each residential address in the nation whether that person is a U.S. citizen. Second, whether district courts in an Administrative Procedure Act (APA) can order discovery beyond the administrative record to examine a Cabinet officers’ decision-making. And third, whether adding a question on citizenship violates the Constitution’s Enumeration Clause.Chief Justice Roberts delivered the majority opinion (5-4) which claimed Secretary Ross did not violate the Enumeration Clause or the Census Act by reintroducing a citizenship question on the 2020 census, however because of the discrepancy between the Department of Commerce's evidence and the Secretary's explanation for his decision, the case is sent in part back to the District Court.Please join us as our expert shares his reaction to and analysis on the decision.Featuring: Dr. John S. Baker, Jr., Professor Emeritus, Paul M. Hebert Law Center, Louisiana State University Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

On June 27, the Supreme Court decided Department of Commerce v. New York, the legal challenge arising from Commerce Secretary Wilbur Ross’s decision to ask about the citizenship of census respondents. The case presents three questions: First, whether the 2020 Decennial Census can ask regarding each person counted at each residential address in the nation whether that person is a U.S. citizen. Second, whether district courts in an Administrative Procedure Act (APA) can order discovery beyond the administrative record to examine a Cabinet officers’ decision-making. And third, whether adding a question on citizenship violates the Constitution’s Enumeration Clause.Chief Justice Roberts delivered the majority opinion (5-4) which claimed Secretary Ross did not violate the Enumeration Clause or the Census Act by reintroducing a citizenship question on the 2020 census, however because of the discrepancy between the Department of Commerce's evidence and the Secretary's explanation for his decision, the case is sent in part back to the District Court.Please join us as our expert shares his reaction to and analysis on the decision.Featuring: Dr. John S. Baker, Jr., Professor Emeritus, Paul M. Hebert Law Center, Louisiana State University Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

A case in which the Court held that the Secretary 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 to the agency where the evidence tells a story that does not match the Secretary’s explanation for his decision.

On April 23, the Supreme Court will hear oral arguments in Department of Commerce v. New York, the legal challenge arising from Commerce Secretary Wilbur Ross’s decision to ask about the citizenship of census respondents. The case presents three questions: First, whether the 2020 Decennial Census can ask regarding each person counted at each residential address in the nation whether that person is a U.S. citizen. Second, whether district courts in an Administrative Procedure Act (APA) can order discovery beyond the administrative record to examine a Cabinet officers’ decision-making. And third, whether adding a question on citizenship violates the Constitution’s Enumeration Clause.Citizenship is not a novel question for during decennial census activities. It was first asked in 1820, and was most recently asked in 1950. However, the district court in this case issued a 270-plus page decision holding that the question on the 2020 census was illegal. An appeal of that decision was pending before the U.S. Court of Appeals for the Second Circuit when the justices granted certiorari before judgment, the first time doing so in many years. This was likely motivated in part by the federal government’s assertion that census forms must be finalized before July 2019 to properly carry out the 2020 census.The implications of this case are far-reaching. The federal government maintains a database with the residences of all legal aliens in this country, so cross-referencing those with census forms including citizenship could in theory reveal the whereabouts of most illegal aliens in the United States, assuming potential legal impediments to sharing that information could be resolved. This also could be a significant case on discovery involving high-level government officials, and also of APA litigation.Featuring:Dr. John S. Baker, Jr., Professor Emeritus, Paul M. Hebert Law Center, Louisiana State UniversityMr. Kenneth A. Klukowski, Senior Fellow, American Civil Rights Union Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

On April 23, the Supreme Court will hear oral arguments in Department of Commerce v. New York, the legal challenge arising from Commerce Secretary Wilbur Ross’s decision to ask about the citizenship of census respondents. The case presents three questions: First, whether the 2020 Decennial Census can ask regarding each person counted at each residential address in the nation whether that person is a U.S. citizen. Second, whether district courts in an Administrative Procedure Act (APA) can order discovery beyond the administrative record to examine a Cabinet officers’ decision-making. And third, whether adding a question on citizenship violates the Constitution’s Enumeration Clause.Citizenship is not a novel question for during decennial census activities. It was first asked in 1820, and was most recently asked in 1950. However, the district court in this case issued a 270-plus page decision holding that the question on the 2020 census was illegal. An appeal of that decision was pending before the U.S. Court of Appeals for the Second Circuit when the justices granted certiorari before judgment, the first time doing so in many years. This was likely motivated in part by the federal government’s assertion that census forms must be finalized before July 2019 to properly carry out the 2020 census.The implications of this case are far-reaching. The federal government maintains a database with the residences of all legal aliens in this country, so cross-referencing those with census forms including citizenship could in theory reveal the whereabouts of most illegal aliens in the United States, assuming potential legal impediments to sharing that information could be resolved. This also could be a significant case on discovery involving high-level government officials, and also of APA litigation.Featuring:Dr. John S. Baker, Jr., Professor Emeritus, Paul M. Hebert Law Center, Louisiana State UniversityMr. Kenneth A. Klukowski, Senior Fellow, American Civil Rights Union Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

A case in which the Court held that the Secretary 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 to the agency where the evidence tells a story that does not match the Secretary’s explanation for his decision.

On a new episode of Versus Trump, Jason and Easha discuss lawsuits challenging the Trump Administration's decision to ask a question about citizenship on the 2020 census. Jason and Easha start the discussion by explaining the purpose of the decennial Census and the history of the Census Bureau's collecting information about citizenship. They then discuss how and when the Trump Administration decided to add a question about citizenship on the next Census, and they explain why the addition of this question may result in a substantial undercount of people in areas with high immigrant populations—and they explain why that would be bad for diverse states like California. That leads to a discussion of the merits of the two claims in the lawsuits: that the Administration's action violates the Enumeration Clause, which requires an accurate count of all "persons" in the U.S., and that the government's actions are arbitrary and capricious. They also wonder why the challengers have not added a third claim explicitly alleging discrimination on the basis of race or national origin. You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. See acast.com/privacy for privacy and opt-out information.