Court to rule on citizenship question

Trump administration wants it added to 2020 census form

Washington — The Supreme Court added a politically explosive case to its docket Friday, agreeing to decide by the end of June whether the Trump administration can add a question about citizenship to the 2020 census form sent to every American household.

The census hasn’t asked the question of each household since 1950, and a federal judge last month stopped the Commerce Department from adding it to the upcoming count. He questioned the motives of Commerce Secretary Wilbur Ross, and said the secretary broke a “veritable smorgasbord” of federal rules by overriding the advice of career officials.

Ross has maintained that the information is important for several reasons, including enforcement of the Voting Rights Act, and that he carefully considered the advantages and disadvantages of adding the question before making his decision.

Those opposed to the question argue the census response rate will likely fall if households are asked whether undocumented immigrants are present, and make less accurate the once-a-decade “actual Enumeration” of the population required by the Constitution.

That could mean fewer members of Congress for states with large immigrant populations, and less money from federal programs.

“The record in these cases provide overwhelming evidence that the administration’s goal in adding a citizenship question was to discourage and deter immigrants and communities of color from participating,” said Kristen Clarke, president and executive director of the Lawyers’ Committee for Civil Rights Under Law, one of the groups that has challenged the decision. “At the end of the day, the census count stands as one of the most critical constitutional functions our federal government performs and this administration has taken extraordinary steps to jeopardize the possibility of achieving a full and fair count.”

The Trump administration had asked the court to bypass its normal procedures and accept the case immediately because it needs an answer by the end of June to print census forms and conduct the count on schedule.

Justices will hear the case in late April and review the 227-page opinion handed down by U.S. District Judge Jesse Furman of New York, rather than require it first to go through the U.S. Court of Appeals for the 2nd Circuit.

The Trump administration, as well as the 18 states, local governments and others challenging Ross’ decision, told the court that the decision was so important, it warranted exceptional treatment.

As New York, the lead challenger, said in its brief to the court:

“The enumeration affects the apportionment of representatives to Congress among the states, the allocation of electors to the electoral college, the division of congressional districts within each state, the apportionment of state and local legislative seats, and the distribution of hundreds of billions of dollars of federal funding.”