OAN Newsroom
UPDATED 1:53 PM PT — Monday, April 1, 2019
The legal battle over adding a citizenship question the 2020 Census
continues, with the nation’s highest court now taking up the case. The
decision comes after the Justice Department asked the U.S. Supreme Court
to decide whether the question could be included in the decennial
survey.The Trump Administration is looking to appeal a ruling by the Southern District of New York, which struck down their request. The ruling then headed to the Second Circuit Court of Appeals; however, this latest move means Justices will resolve the case before the lower court has the chance to review it.
The Department of Justice said Commerce Secretary Wilbur Ross, who announced he would pursue updating the questionnaire in 2018, has the legal authority to include the citizenship question on next year’s census.
However, the district judge cast doubt on the reasoning behind Ross’ decision to include the question in the survey. The judge argued its inclusion would be unlawful and would violate the Administrative Procedure Act, but Ross cited the need to enforce the Voting Rights Act by asking census-takers if they are citizens of the United States.
The agency argued the question was included in previous years, with it last being seen in 1950.
Last year, acting Assistant Attorney General for Civil Rights John Gore maintained the Department of Justice relies on the survey to conduct elections in compliance with federal laws.
“The department’s letter explained that accurate citizenship data is crucial to the department’s enforcement of Section Two of the Voting Rights Act, and it’s important protections against racial discrimination and voting,” Gore explained. “To fully enforce those requirements the department needs reliable citizen voting ago population data in localities and census blocks, where voting rights violations are alleged or suspected.”
The questions being presented in the case look to determine whether the district court misrepresented precedent in its ruling. The Supreme Court must reach a decision by June, before census forms begin printing.
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