Kaplan Hecker & Fink Files Amicus Brief in Department of Commerce v. New York

By: 
Roberta Kaplan; Julie Fink; and Matthew Craig
Published on:
April 1st, 2019

Earlier this year, a federal court overturned a decision by the Secretary of Commerce to add a citizenship question to the 2020 census. The court determined that adding the question would reduce the quality of the census count, while yielding no meaningful benefits to the government. By ignoring evidence about the citizenship question’s certain effects, and by reaching a decision without following proper procedures, the Secretary violated the law. The government immediately appealed the district court’s decision to the Supreme Court, where it argues that the judiciary has no authority to even consider the Secretary’s decision. Read why its argument is wrong in our brief on behalf of prominent constitutional and administrative law scholars in Department of Commerce v. New York.

Read the amicus brief here.