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Census Citizenship Question Case Likely To Turn On APA

Law360 (April 19, 2019, 9:39 PM EDT) -- Attorneys anticipate that the question of whether Commerce Secretary Wilbur Ross violated the Administrative Procedure Act will take center stage during oral arguments at the U.S. Supreme Court on Tuesday, in a case challenging his decision to include a question about citizenship status on the 2020 census.

Federal courts in California, Maryland and New York have so far blocked the Trump administration from including the question on the census, with all three finding Ross violated the APA and two determining he had also violated the Constitution’s enumeration clause, which requires that the census provide an “actual enumeration” of the U.S. population....

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