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Will the 2020 census ask about citizenship?

Supreme Court justices will make a decision by late June

By MARK SHERMAN, Associated Press
Published: February 15, 2019, 8:21pm

WASHINGTON — The Supreme Court will decide whether the 2020 census can include a question about citizenship that could affect the allocation of seats in the House of Representatives and the distribution of billions of dollars in federal money.

The justices agreed Friday to a speedy review of a lower court ruling that has so far blocked the Trump administration from adding the citizenship question to the census for the first time since 1950.

Both the administration and opponents of the question agreed the court should settle the matter quickly because census forms need to be printed soon.

Arguments will take place in late April. A decision should come by late June.

The case pits the administration against immigrant advocacy organizations and Democratic-led states, cities and counties that argue the citizenship question is intended to discourage the participation of minorities, primarily Hispanics, who tend to support Democrats from filling out census forms.

The challengers say they would get less federal money and fewer seats in Congress if the census asks about citizenship because people with noncitizens in their households would be less likely to fill out their census forms.

The Constitution requires a census count every 10 years. A question about citizenship had once been common, but it has not been asked of every household since 1950. At the moment, the question is part of a detailed annual sample of a small chunk of the population, the American Community Survey.

The case stems from Commerce Secretary Wilbur Ross’ decision in 2018 to add a citizenship question to the next census, over the advice of career officials at the Census Bureau, which is part of the Commerce Department. At the time, Ross said he was responding to a Justice Department request to ask about citizenship in order to improve enforcement of the federal Voting Rights Act.

U.S. District Judge Jesse Furman in New York ruled in January that the question could not be included, saying that fewer people would respond to the census and that the process Ross used was faulty.

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