Department of Commerce v. New York
The Court Says the Decennial Census Can Have a Citizenship Question If Properly Authorized
Department of Commerce v. New York was featured in Religious Symbols on Public Lands, Supreme Court Debates (May. 2019). The following is excerpted from the 5-to-4 majority opinion written by Chief Justice Roberts, as prepared by the Court Reporter of Decisions. The Enumeration Clause permits Congress, and by extension the secretary of commerce, to inquire about citizenship on the census questionnaire. That conclusion follows from Congress’s broad authority over the census, as informed by long and consistent historical practice that “has been open, widespread, and unchallenged since the early days of the Republic.” — National Labor Relations Board v. Noel…
