Useche v. Trump

Census

The NRF is supporting a group of individual voter-plaintiffs and two organizations in a lawsuit challenging President Trump’s July 21 Memorandum, which asserted his plan to exclude undocumented residents from the census count for purposes of allocating congressional districts. The Memorandum is yet another unlawful effort—in a series of attempts—to manipulate the 2020 Census in order to suppress the political power of communities of color.

Useche v. Trump cites multiple constitutional and statutory violations, including claims under the U.S. Constitution’s Apportionment Clause, Enumeration Clause, and Equal Protection Guarantees. The case also alleges violations of census-related statutes and the Administrative Procedure Act (APA).

The case was filed in the United States District Court for the District of Maryland, Southern Division. Plaintiffs in the case include voters from California, Florida, Nevada, New Jersey, New York, and Texas, as well as the Arizona Center for Empowerment and the Florida Immigrant Coalition. Defendants in the case include President Donald Trump, the Department of Commerce, the Census Bureau, Commerce Secretary Wilbur Ross, and Director of the Census Steven Dillingham.

Complaint (July 31, 2020)

Amended Complaint (August 14, 2020)

Order (November 6, 2020)

Opinion (November 6, 2020)

Motion to Affirm (December 14, 2020)

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