N.A.A.C.P. v. BUREAU OF THE CENSUS

No. 19-1863.

945 F.3d 183 (2019)

NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE; Prince George's County, Maryland; Prince George's County Maryland NAACP Branch; Robert E. Ross; H. Elizabeth Johnson, Plaintiffs-Appellants, v. BUREAU OF THE CENSUS; Steven Dillingham, Acting Director, Bureau of the Census; Wilbur Ross, Secretary of Commerce; the United States, Defendants-Appellees, and Donald J. Trump, President of the United States Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: December 19, 2019.


Attorney(s) appearing for the Case

ARGUED: Rachel Brown , YALE SCHOOL OF LAW, New Haven, Connecticut; Jessica Ring Amunson , JENNER & BLOCK, LLP, Washington, D.C., for Appellants. Thais-Lyn Trayer , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. ON BRIEF: Michael J. Wishnie , Renee Burbank , Nikita Lalwani , Joshua Zoffer , Daniel Ki , Peter Gruber Rule of Law Clinic, YALE LAW SCHOOL, New Haven, Connecticut; Susan J. Kohlmann , Jeremy M. Creelan , Michael W. Ross , Jacob D. Alderdice , Logan J. Gowdey , JENNER & BLOCK LLP, New York, New York; Anson C. Asaka, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., Baltimore, Maryland, for Appellants. Joseph H. Hunt , Assistant Attorney General, Mark B. Stern , Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Robert K. Hur , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellees.

Affirmed in part, reversed in part, and remanded by published opinion. Judge Keenan wrote the opinion, in which Chief Judge Gregory and Judge Richardson joined.


The Enumeration Clause of the Constitution requires that Congress conduct an "actual Enumeration" of the population every ten years, the results of which are used for the apportionment of Congressional representatives and the allocation of federal funding. U.S. Const. art. I, § 2, cl. 3; amend. XIV, §...

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