Trump administration moves to appeal census ruling

By Lawrence Hurley and Andrew Chung WASHINGTON/NEW YORK (Reuters) - President Donald Trump's administration on Thursday took the first steps to appealing a lower court ruling that blocked its contentious plan to ask people taking part in the 2020 national census whether they are U.S. citizens. In a case likely to reach the Supreme Court in short order, the administration filed a notice in federal court that it would appeal the case to the New York-based 2nd U.S.

Reuters January 18, 2019 07:06:36 IST
Trump administration moves to appeal census ruling

Trump administration moves to appeal census ruling

By Lawrence Hurley and Andrew Chung

WASHINGTON/NEW YORK (Reuters) - President Donald Trump's administration on Thursday took the first steps to appealing a lower court ruling that blocked its contentious plan to ask people taking part in the 2020 national census whether they are U.S. citizens.

In a case likely to reach the Supreme Court in short order, the administration filed a notice in federal court that it would appeal the case to the New York-based 2nd U.S. Circuit Court of Appeals. U.S. District Judge Jesse Furman in Manhattan on Tuesday invalidated the administration's addition of the citizenship question.

The judge found that Commerce Secretary Wilbur Ross, who oversees the census, concealed the true motives for his "arbitrary and capricious" decision to add the question in violation of federal law.

Despite the appeal, the case may not ultimately be decided by the appeals court. The Justice Department could ask the Supreme Court to step in first, and some legal scholars expect the administration to do so.

The conservative-leaning high court is “less likely to defer to Judge Furman” and “probably more sympathetic" to the government, said Steve Vladeck, a professor at the University of Texas School of Law who is watching the case.

Timing is a factor too, with the Census Bureau required to print questionnaires by June.

The Justice Department had no immediate comment on its plans.

Also on Thursday, the group of states, cities and civil rights groups challenging the administration's decision to add the citizenship question asked the Supreme Court to throw out a pending Justice Department appeal due to be argued next month.

Lawyers for the challengers, including the state of New York, filed court papers saying that case, contesting the scope of evidence that Furman could consider in ruling on the issue, is moot now that Furman has issued his final decision this week. The case is scheduled to be argued before the justices on Feb. 19.

Opponents have accused the Trump administration of devising a citizenship question to use the census to pursue the political objectives of Trump's fellow Republicans by engineering an undercount of the true population and reducing the electoral representation of Democratic-leaning communities in Congress.

The 18 states, 15 cities and civil rights groups that sued said a citizenship question would frighten immigrants and Latinos into abstaining from the count.

(Reporting by Lawrence Hurley in Washington and Andrew Chung, Nick Brown and Alison Frankel in New York; Editing by Will Dunham, Tom Brown and James Dalgleish)

This story has not been edited by Firstpost staff and is generated by auto-feed.

Updated Date:

TAGS:

also read

France, Germany to agree to NATO role against Islamic State - sources
| Reuters
World

France, Germany to agree to NATO role against Islamic State - sources | Reuters

By Robin Emmott and John Irish | BRUSSELS/PARIS BRUSSELS/PARIS France and Germany will agree to a U.S. plan for NATO to take a bigger role in the fight against Islamic militants at a meeting with President Donald Trump on Thursday, but insist the move is purely symbolic, four senior European diplomats said.The decision to allow the North Atlantic Treaty Organization to join the coalition against Islamic State in Syria and Iraq follows weeks of pressure on the two allies, who are wary of NATO confronting Russia in Syria and of alienating Arab countries who see NATO as pushing a pro-Western agenda."NATO as an institution will join the coalition," said one senior diplomat involved in the discussions. "The question is whether this just a symbolic gesture to the United States

China's Xi says navy should become world class
| Reuters
World

China's Xi says navy should become world class | Reuters

BEIJING Chinese President Xi Jinping on Wednesday called for greater efforts to make the country's navy a world class one, strong in operations on, below and above the surface, as it steps up its ability to project power far from its shores.China's navy has taken an increasingly prominent role in recent months, with a rising star admiral taking command, its first aircraft carrier sailing around self-ruled Taiwan and a new aircraft carrier launched last month.With President Donald Trump promising a US shipbuilding spree and unnerving Beijing with his unpredictable approach on hot button issues including Taiwan and the South and East China Seas, China is pushing to narrow the gap with the U.S. Navy.Inspecting navy headquarters, Xi said the navy should "aim for the top ranks in the world", the Defence Ministry said in a statement about his visit."Building a strong and modern navy is an important mark of a top ranking global military," the ministry paraphrased Xi as saying.