Case Summary
LWV joined a lawsuit filed by New York State and a coalition of state and local governments claiming that the Trump Administration’s attempts to exclude undocumented immigrants from the 2020 Census was unconstitutional.
Section 2 of the Fourteenth Amendment of the United States Constitution provides as follows: "Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State." Since its ratification, the term "persons" is considered to include all people in the United States, regardless of immigration status.
In July of 2020, the Trump Administration issued a memo stating it would exclude undocumented immigrants from the population counts produced by the 2020 Census. On July 24, 2020, the state of New York and a coalition of 20 state and local governments filed a lawsuit in the United States District Court for the Southern District of New York, asserting the memo violated Section 2 of the Fourteenth Amendment, the Due Process Clause, the Tenth Amendment, and the Administrative Procedure Act. The plaintiffs requested the court forbid the exclusion of undocumented immigrants from the census and require the total population reported include undocumented immigrants.
On August 14, 2020, the League of Women Voters of the United States ("LWVUS"), League of Women Voters of Texas ("LWVTX"), League of Women Voters of Florida ("LWVFL"), and League of Women Voters of California ("LWVCA") filed an amicus brief supporting the plaintiffs. The brief argued that implementing the memo would cause several states to lose representation and public services funding at the federal level, as well as hurt faith in democracy and cause a withdrawal of undocumented Americans from political life. Finally, the amici pointed out the administration was already attempting to obtain more information on citizenship status, potentially chilling participation in the census.
The League was represented in this matter by Pillsbury Winthrop Shaw Pittman LLP.
LWV Timeline
Plaintiffs file complaint
The state of New York and a coalition of 20 other states, cities, and localities file a federal lawsuit, asserting the administration's attempt to exclude undocumented persons from the census count is unconstitutional under the Tenth and Fourteenth Amendments and a violation of the Administrative Procedure Act.
League files amicus brief
LWVUS, LWVTX, LWVCA, and LWVFL file an amicus brief supporting the plaintiffs. The brief asserts implementing the memo would cause several states to lose representation and public services funding at the federal level, as well as hurt faith in democracy and cause a withdrawal of undocumented Americans from political life.
Three-judge panel grants summary judgment
A three-judge panel grants summary judgment to the plaintiffs, forbidding the administration from excluding undocumented persons from the census. The opinion rules the memo's attempt to do so exceeds the President's lawful power.
United States Supreme Court accepts case
The Court accepts the administration's appeal and schedules oral argument for November 30, 2020.
LWV files amicus brief
LWVUS, LWVCA, LWVTX, and LWVFL file an amicus brief in the United States Supreme Court. The brief argues that excluding undocumented Americans would undermine public trust in democracy and artificially reduce some states' representation.
Supreme Court holds oral argument
Oral arguments for the case are heard by the United States Supreme Court.
United States Supreme Court issues opinion
The United States Supreme Court holds that the suit is premature since the Trump Administration had not yet carried out its intention to exclude undocumented immigrants from the census and orders the lower court to dismiss the case.