New York v. Trump | Brennan Center for Justice

Chief Judge Robert Katzmann of the U.S. Court of Appeals for the Second Circuit on August 10 pursuant to 28 USC 2284  appointed Circuit Judges   Richard C. Wesley and Peter W. Hall to serve on a three judge District Court panel .  The statute provides a right of direct appeal to the United States District court from final judgments of the panel.

The link below will take you to the key documents on the docket which has attracted an array of amicus briefs.  A parallel action is pending in the U.S. District Court for the District of Columbia. 

- GWC

New York v. Trump | Brennan Center for Justice

The State of New York is leading a coalition of 20 states, cities, and localities suing President Donald Trump, Secretary of Commerce Wilbur Ross, the Department of Commerce, the Census Bureau, and Census Bureau Director Steven Dillingham, arguing that the exclusion of undocumented immigrants from the 2020 Census state-population totals used for apportioning congressional seats and Electoral College votes is unconstitutional and otherwise illegal.

- GWC

The plaintiffs contend that the President’s July 21, 2020 memorandum on excluding undocumented immigrants from the state-population totals used to calculate the state apportionments violates constitutional and statutory requirements that the President include all persons in the congressional apportionment base, irrespective of citizenship or immigration status. The plaintiffs also contend that the memorandum violates the Fifth Amendment’s Equal Protection Clause because the memorandum is “motivated by discriminatory animus toward Hispanics and immigrant communities of color.”                 

The suit further argues that the President’s decision to exclude undocumented immigrants from the apportionment base without reliable data to do so is “arbitrary and capricious” under the Administrative Procedure Act.

The plaintiffs are asking the court to declare that the exclusion of undocumented immigrants from congressional apportionment violates the Constitution and federal law. The plaintiffs are also asking the court to bar the Commerce Department and the Census Bureau from transmitting any data regarding citizenship or immigration status to the President for apportionment purposes and to order the President to include all residents of the states, including  undocumented immigrants, when he calculates the apportionments.