On Tuesday, Judge Jesse Furman of the U. S.
On Tuesday, Judge Jesse Furman of the U. S. District Court for the Southern District of New York enjoined Commerce Secretary Wilbur Ross from his previously announced proposal to include on the 2020 census a question about U. S. citizenship status. The decennial census has not included such a question since 1960.
After finding standing for the plaintiffs, Judge Furman found Secretary Ross’s resuscitation of the citizenship inquiry to be in violation of the Administrative Procedure Act (APA). The APA, the statutory cornerstone of modern administrative law, governs the regulation promulgation—or “rulemaking”—process for the various and sundry agencies of the federal government. Judge Furman’s voluminous 277-page opinion did not find against the Trump administration on any constitutional grounds.
Reports USA Today:
The Trump administration will all but assuredly appeal to the U. S. Court of Appeals for the Second Circuit and, perhaps eventually, to the U.
