The following announcement is from the IAJGS Mailing List:
As previously reported on the IAJGS Records Access Alert, the addition to add a question about citizenship to the 2020 US Census by the Commerce Department has resulted in at least six lawsuits. The largest lawsuit, which includes more than two dozen states and cities is before US Federal District Court Southern District of New York, Judge Jesse Furman in Manhattan (New York City, NY) who ruled in late July that the case may move forward. Judge Furman also agreed to have Secretary of Commerce Wilbur Ross, and Acting Assistant Attorney General John Grove for the Civil Rights Division of the US Department of Justice be deposed as to why Secretary Ross added the question. There is some question whether Secretary Ross did it at the request of the Department of Justice or he had wanted to do this all along based on comments he made almost a year before the request to add the citizenship question.
On Friday, September 28, the Justice Department, representing the White House filed a motion to stay discovery pending Supreme Court Review. The motion may be read at: https://apps.npr.org/documents/document.html?id=4951932-Sept-28-2018-Letter-Motion-to-Stay-Discovery.
A potential trial for the New York case is set for November 5 at the U.S. District Court of the Southern District of New York. Before the US Supreme Court would entertain the stay, the court where the case is being heard had to be petitioned. The Department of Justice sent a request to stay all discovery and depositions of Secretary Ross and Acting Assistant Attorney General Grove to Judge Furman at the U.S. District Court of the Southern District of New York. Judge Furman denied the request on September 30 saying it was “particularly frivolous if not outrageous”. He further stated that Secretary Ross is to be made available for deposition on October 11, 2018. To read Judge Furman’s declination see: https://twitter.com/hansilowang/status/1046518491350740993
Previously, the White House submitted redacted information in response to the request for information. Judge Furman has asked for non-redacted information. To read more see:
Potential trials for the two cases in California and one of the Maryland cases are set to start in January. Rulings by the district court judges are expected to be appealed to higher courts.
To read the previous IAJGS Records Access Alert postings about the US 2020 Census and more go to: http://lists.iajgs.org/mailman/private/records-access-alerts/. You must be registered to access the archives. To register go to: http://lists.iajgs.org/mailman/listinfo/records-access-alerts and follow the instructions to enter your email address, full name and which genealogical organization with whom you are affiliated. You will receive an email response that you have to reply to or the subscription will not be finalized.
Jan Meisels Allen
Chairperson, IAJGS Public Records Access Monitoring Committee