The Supreme Court on Thursday put a hold on the Trump administration’s effort to add a citizenship question to the 2020 census, leaving it unclear whether the question will ultimately appear on the form that’s supposed to start printing next week.
The Census Bureau’s own experts predict that millions of Hispanics and immigrants would go uncounted if the census asked everyone if he or she is an American citizen. And immigrant advocacy organizations and Democratic-led states, cities and counties argue the citizenship question is intended to discourage the participation of minorities, primarily Hispanics, who tend to support Democrats, from filling out census forms.
They argued to the Supreme Court they would get less federal money and fewer seats in Congress if the census asks about citizenship because people with noncitizens in their households would be less likely to fill out their census forms.
Chief Justice John Roberts wrote the court’s opinion in the census case, with the four liberal justices joining him in the relevant part of the outcome. Roberts said the Trump administration’s explanation for wanting to add the question was “more of a distraction” than an explanation. And he said evidence showed that Commerce Secretary Wilbur Ross “was determined to reinstate a citizenship question from the time he entered office.”
The court said Ross’ explanation that the question was being added to aid in enforcement of the Voting Rights Act doesn’t fit with the evidence. The Commerce Department oversees the Census Bureau. Roberts wrote there is “a significant mismatch between the decision the secretary made and the rationale he provided.”
It’s unclear whether the administration has time to provide a fuller account before the form must be printed.
Evidence uncovered since the Supreme Court heard arguments in the case in late April supports claims that the citizenship question is part of a broader Republican effort to accrue political power at the expense of minorities, the challengers say.
The Constitution requires a census count every 10 years. A question about citizenship had once been common, but it has not been widely asked since 1950.
At the moment, the question is part of a separate detailed annual sample of a small chunk of the population, the American Community Survey.
Ross decided in 2018 to add a citizenship question to the next census, over the advice of career officials at the Census Bureau. At the time, Ross said he was responding to a Justice Department request to ask about citizenship in order to improve enforcement of the federal Voting Rights Act.
Related Stories
‹

UNC Trustees Talk Affirmative Action, Accessibility at First Meeting of 2023-24UNC Board of Trustees officially barred use of 'race, sex, color or ethnicity' in admissions, complying with Supreme Court case decision.

Fierce Protests Have Been Rocking Israel for Months. What’s Fueling Them?Written by JULIA FRANKEL Oceans of Israeli flags, steady drumbeats, cries of “Democracy!” Water cannons, police on horseback, protesters dragged off the ground. For seven straight months, tens of thousands of Israelis have taken to the streets in the most sustained and intense demonstrations the country has ever seen. The protesters are part of a […]

Top Stories of 2022: Supreme Court Abortion Ruling Sparks Concern, Fear and BacklashThe Supreme Court's decision striking down Roe v. Wade was a defining moment of 2022 - and so was the local defense of abortion rights.

'Unprecedented' But Unsurprising: UNC Law Prof on the Supreme CourtUNC law professor Michael Gerhardt discusses how to understand (and maybe reform) the Supreme Court after last month's abortion ruling.

UNC Expert: SCOTUS Judges Focus On 'Fulfilling Their Party's Agenda'After the U.S. Supreme Court issued its ruling overturning Roe v. Wade, many began to question its effect on the law, women and healthcare. But others started questioning how the court even works.

'You're Not Alone': Compass Center Reaches Out to Domestic Violence Victims After Supreme Court RulingThe Supreme Court's abortion decision has raised concern for domestic violence victims, but the Compass Center is reaching out locally.

Unusually Agreeable Justices End Term With Conservative WinsWritten by MARK SHERMAN and JESSICA GRESKO An unusually agreeable Supreme Court term ended with conservative-driven decisions on voting rights and charitable-donor disclosures that offered a glimpse of what the coming years of the right’s dominance could look like for the nation’s highest court. The court began its summer recess with an already consequential list […]
![]()
Student’s Snapchat Profanity Leads to High Court Speech CaseWritten by MARK SHERMAN Fourteen-year-old Brandi Levy was having that kind of day where she just wanted to scream. So she did, in a profanity-laced posting on Snapchat that has, improbably, ended up before the Supreme Court in the most significant case on student speech in more than 50 years. At issue is whether public schools […]
![]()
UK Top Court Gives Uber Drivers Benefits in Landmark RulingUber drivers in Britain should be classed as “workers” and not self-employed, the U.K. Supreme Court ruled Friday, in a decision that threatens the company’s business model and holds broader implications for the so-called gig economy. The ruling paves the way for Uber drivers to get benefits such as paid holidays and the minimum wage, […]

Duke Law Professor Says Trump Needs a 'Legal Basis' To Take Action in Supreme CourtAs Joe Biden clinches the presidential seat, the Trump campaign is moving forward with the promise of imminent legal battles - asserting that there has been rampant voter fraud this election.
›