Case: Citizens For Constitutional Integrity v. Census Bureau

1:21-cv-03045 | U.S. District Court for the District of District of Columbia

Filed Date: Nov. 17, 2021

Closed Date: Feb. 3, 2025

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Case Summary

Plaintiff, Citizens for Constitutional Integrity, a 501(c)(3) charitable nonprofit organization, filed this lawsuit on November 17, 2021 against the Census Bureau, alleging that the Apportionment Clause in Section 2 of the Fourteenth Amendment requires the United States to calculate each state’s “basis of representation” and to apportion seats in the U.S. House of Representatives based on that figure, instead of the state’s actually enumerated population. Plaintiff's Amended Complaint, filed on…

Plaintiff, Citizens for Constitutional Integrity, a 501(c)(3) charitable nonprofit organization, filed this lawsuit on November 17, 2021 against the Census Bureau, alleging that the Apportionment Clause in Section 2 of the Fourteenth Amendment requires the United States to calculate each state’s “basis of representation” and to apportion seats in the U.S. House of Representatives based on that figure, instead of the state’s actually enumerated population.

Plaintiff's Amended Complaint, filed on February 13, 2023, proceeded under two separate causes of action.

Count 1: Administrative Procedure Act ("APA"). Plaintiff argued that the Census Bureau failed to implement its duties under the Fourteenth Amendment, Section 2, to discount states' basis of representation for distributing seats in the U.S. House of Representatives by failing to reapportion seats according to the method of equal protection after failing to include citizens on the list of registered voters and by failing to discount Wisconsin's basis of representation based on Wisconsin's abridging the right of its citizens to vote. Specifically, Congress was required to tabulate by a statistical method the total population required for apportionment by State and report it to the President. The Census Bureau's failure to do so was arbitrary and capricious in contravention of citizens' rights under the Fourteenth Amendment and the APA.

Count 2: All Writs Act. Plaintiff argued in the alternative that if the APA does not apply, this matter compelled a writ of mandamus under the All Writs Act because the Census Bureau's obligation under the Fourteenth Amendment to complete the above-described process "[was] ministerial and the obligation to act peremptory, and plainly defined.” United States v. Wilbur, 283 U.S. 414, 420 (1931). The Complaint indicated that, in this situation, the Constitution compelled a writ of mandamus to Secretary of Commerce Raimondo to complete the analysis of abridgments and to reissue the Report according to that analysis. See Utah v. Evans, 536 U.S. 459-62 (2001); Franklin v. Massachusetts, 505 U.S. 788, 802 (1992).

Plaintiff sought the following relief:

  1. Declare Defendants violated the Fourteenth Amendment and the APA by failing to calculate each state’s basis of representation when apportioning Representative seats.
  2. Declare the current distribution of Representative seats, based on Secretary Raimondo’s April 2021 Report to the President, void and illegal for lacking the analysis the Fourteenth Amendment required.
  3. Vacate and set aside that Report and the President’s 2 U.S.C. § 2a statement to Congress, and restore the 2010 apportionment.
  4. Remand the Report to the Census Bureau, the Department of Commerce, Secretary Raimondo, and Director Santos to complete the analysis the Fourteenth Amendment requires and to reissue the Report.
  5. Enjoin the Census Bureau, the Department of Commerce, Secretary Raimondo, and Director Santos to complete the analysis the Fourteenth Amendment requires, and to reissue the Report.
  6. Issue a writ of mandamus directing the Census Bureau, the Department of Commerce, Secretary Raimondo, and Director Santos to complete the analysis the Fourteenth Amendment requires and to reissue the Report.
  7. Set a deadline for completing the new Report.
  8. Reapportion one seat from Wisconsin to New York.
  9. Reapportion seats according to Census’s data of citizens and voter registration rates
  10. Issue a writ of mandamus to Census.
  11. Award attorney fees and costs in favor of Citizens for Constitutional Integrity.
  12. Issue any other and further relief as the Court concludes necessary or appropriate.

Ultimately, on April 18, 2023, the Court granted Defendant's Motion to Dismiss Plaintiff's claims. In a Memorandum Opinion, the Court indicated that Plaintiff failed to show that the Census Bureau's failure to implement the Reduction Clause caused an injury to Plaintiff and its members, and as a result, Plaintiff failed to show standing.

On June 19, 2023, Plaintiff appealed the Court's decision to the United States Court of Appeals for the District of Columbia. On September 10, 2024, the United States Court of Appeals for the District of Columbia affirmed the Court's opinion.

There has been no activity since the Court of Appeal's final decision. This case appears closed. 

Summary Authors

(1/16/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/61493689/parties/citizens-for-constitutional-integrity-v-census-bureau/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Attorney, Mark B. (District of Columbia)

Attorney, Michael S. (District of Columbia)

Clark, Sarah Jane (District of Columbia)

Ehrlich, Stephen (District of Columbia)

Mohan, Anna O. (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:21-cv-03045

Complaint

Citizens for Constitutional Integrity v. The Census Bureau

Nov. 17, 2021

Nov. 17, 2021

Complaint
17

1:21-cv-03045

Defendents' Motion in Limine and Rule 56(d) Motion

Citizens for Constitutional Integrity v. The Census Bureau

March 11, 2022

March 11, 2022

Pleading / Motion / Brief
22

1:21-cv-03045

Plaintiff's Renewed Motion for Summary Judgment

Citizens for Constitutional Integrity v. The Census Bureau

April 1, 2022

April 1, 2022

Pleading / Motion / Brief
23

1:21-cv-03045

Defendents' Motion in Limine and Rule 56(d) Motion

Citizens for Constitutional Integrity v. The Census Bureau

April 19, 2022

April 19, 2022

Pleading / Motion / Brief
27

1:21-cv-03045

Plaintiff's Opposition to Defendant's Motion to Dismiss

Citizens for Constitutional Integrity v. The Census Bureau

May 27, 2022

May 27, 2022

Pleading / Motion / Brief
26

1:21-cv-03045

Plaintiff's Response to Defendants' Motion to Limine

Citizens for Constitutional Integrity v. The Census Bureau

May 27, 2022

May 27, 2022

Pleading / Motion / Brief
30

1:21-cv-03045

Defendants' Reply in Further Support of Their Motion in Limine and Rule 56(d) Motion

Citizens for Constitutional Integrity v. The Census Bureau

June 24, 2022

June 24, 2022

Pleading / Motion / Brief
32

1:21-cv-03045

Plaintiff's Supplemental Brief Applying Zone-of-Interest Test to Organization

Citizens for Constitutional Integrity v. The Census Bureau

Dec. 25, 2022

Dec. 25, 2022

Pleading / Motion / Brief
33

1:21-cv-03045

Second Amended Complaint

Citizens for Constitutional Integrity v. The Census Bureau

Feb. 13, 2023

Feb. 13, 2023

Complaint
04519878865

1:21-cv-03045

Order

Citizens for Constitutional Integrity v. The Census Bureau

April 18, 2023

April 18, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/61493689/citizens-for-constitutional-integrity-v-census-bureau/

Last updated Jan. 25, 2026, 10:47 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against CENSUS BUREAU, THE, DEPARTMENT OF COMMERCE, THE, RON JARMIN, GINA RAIMONDO ( Filing fee $ 402 receipt number ADCDC-8871861) filed by CITIZENS FOR CONSTITUTIONAL INTEGRITY. (Attachments: # 1 Civil Cover Sheet, # 2 Ex. 1: Letter from Ron S. Jarmin, Acting Director of the Census Bureau, to Jared Pettinato, The Pettinato Firm (Oct. 1, 2021), # 3 Summons to the Census Bureau, # 4 Summons to the Department of Commerce, # 5 Summons to Secretary of Commerce Gina Raimondo, # 6 Summons to Acting Census Bureau Director Ron Jarmin)(Pettinato, Jared) (Attachment 1 replaced on 11/17/2021) (adh, ). (Entered: 11/17/2021)

1 Civil Cover Sheet

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2 Ex. 1: Letter from Ron S. Jarmin, Acting Director of the Census Bureau, to Jare

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3 Summons to the Census Bureau

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4 Summons to the Department of Commerce

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5 Summons to Secretary of Commerce Gina Raimondo

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6 Summons to Acting Census Bureau Director Ron Jarmin

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Nov. 17, 2021

Nov. 17, 2021

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2

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIZENS FOR CONSTITUTIONAL INTEGRITY (Pettinato, Jared) (Entered: 11/17/2021)

Nov. 17, 2021

Nov. 17, 2021

3

SUMMONS (4) Issued Electronically as to CENSUS BUREAU, THE, DEPARTMENT OF COMMERCE, THE, RON JARMIN, GINA RAIMONDO. (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 11/17/2021)

Nov. 17, 2021

Nov. 17, 2021

4

MOTION to Convene Three-Judge Court and Memorandum of Points and Authorities in Support from Plaintiffs. (Pettinato, Jared) Modified docket event/text on 11/22/2021 (zeg). (Entered: 11/17/2021)

Nov. 17, 2021

Nov. 17, 2021

Case Assigned to Judge Carl J. Nichols. (adh, )

Nov. 17, 2021

Nov. 17, 2021

Case Assigned/Reassigned

Nov. 17, 2021

Nov. 17, 2021

5

CERTIFICATE OF SERVICE by CITIZENS FOR CONSTITUTIONAL INTEGRITY re 4 Civil Statement, 2 LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests . (Pettinato, Jared) (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

6

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENSUS BUREAU served on 11/22/2021 (Attachments: # 1 Census Bureau Certified Mail Receipt, # 2 Census Bureau Certified Mail Tracking, # 3 Attorney General Certified Mail Receipt, # 4 Attorney General Certified Mail Tracking, # 5 U.S. Attorney Certified Mail Receipt, # 6 U.S. Attorney Certified Mail Tracking)(Pettinato, Jared) Modified serve date on 12/6/2021 (zeg). (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF COMMERCE served on 11/22/2021 (Attachments: # 1 Department of Commerce Certified Mail Receipt, # 2 Department of Commerce Certified Mail Tracking, # 3 Attorney General Certified Mail Receipt, # 4 Attorney General Certified Mail Tracking, # 5 U.S. Attorney Certified Mail Receipt, # 6 U.S. Attorney Certified Mail Tracking)(Pettinato, Jared) Modified serve date on 12/6/2021 (zeg). (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

8

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. GINA RAIMONDO served on 11/22/2021 (Attachments: # 1 Secretary of Commerce Gina Raimondo Certified Mail Receipt, # 2 Secretary of Commerce Gina Raimondo Certified Mail Tracking, # 3 Attorney General Certified Mail Receipt, # 4 Attorney General Certified Mail Tracking, # 5 U.S. Attorney Certified Mail Receipt, # 6 U.S. Attorney Certified Mail Tracking)(Pettinato, Jared) Modified serve date on 12/6/2021 (zeg). (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

9

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. RON JARMIN served on 11/22/2021 (Attachments: # 1 Acting Census Bureau Director Ron Jarmin Certified Mail Receipt, # 2 Acting Census Bureau Director Ron Jarmin Certified Mail Tracking, # 3 Attorney General Certified Mail Receipt, # 4 Attorney General Certified Mail Tracking, # 5 U.S. Attorney Certified Mail Receipt, # 6 U.S. Attorney Certified Mail Tracking)(Pettinato, Jared) Modified serve date on 12/6/2021 (zeg). (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

10

NOTICE of Appearance by Alexander V. Sverdlov on behalf of All Defendants (Sverdlov, Alexander) (Entered: 11/29/2021)

Nov. 29, 2021

Nov. 29, 2021

11

NOTICE of Appearance by Stephen Ehrlich on behalf of All Defendants (Ehrlich, Stephen) (Entered: 11/30/2021)

Nov. 30, 2021

Nov. 30, 2021

12

RESPONSE re 4 MOTION to Convene Three-Judge Court filed by CENSUS BUREAU, DEPARTMENT OF COMMERCE, RON JARMIN, GINA RAIMONDO. (Sverdlov, Alexander) (Entered: 12/07/2021)

Dec. 7, 2021

Dec. 7, 2021

MINUTE ORDER. Upon review of Plaintiff's 4 Motion for a three-judge panel under 28 U.S.C. § 2284(a) and the Government's 12 Response, it is ORDERED that the Motion is GRANTED. As required under 28 U.S.C. § 2284(b)(1), the Clerk of Court shall, on behalf of this Court, notify the Chief Judge of the U.S. Court of Appeals for the District of Columbia for assignment of this matter to a three-judge district court. Signed by Judge Carl J. Nichols on December 13, 2021. (lccjn2)

Dec. 13, 2021

Dec. 13, 2021

Order on Motions to Convene Three-Judge Court

Dec. 13, 2021

Dec. 13, 2021

13

USCA ORDER filed in USCA on December 16, 2021 FOR DESIGNATION OF JUDGES TO SERVE ON THREE-JUDGE DISTRICT COURT; designating Circuit Judge Justin R. Walker and Judge Florence Y. Pan to hear and determine this case. The U.S. Circuit Court Judge to preside over this case. (ztnr) (Entered: 12/16/2021)

Dec. 16, 2021

Dec. 16, 2021

14

MOTION for Summary Judgment by CITIZENS FOR CONSTITUTIONAL INTEGRITY. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Index, # 3 Exhibit A: Census Bureau, Population of the U.S., Table 1 (June 1, 1870), # 4 Exhibit B: Census Office Superintendent Francis A. Walker, Report of the Superintendent of the Ninth Census (Nov. 21, 1871), # 5 Exhibit C: Ayush Sharma Declaration, # 6 Exhibit (C) 1: Census Bureau, Table 1, Apportionment Population and Number of Representatives by State: 2020 Census., # 7 Exhibit (C) 2: Census Bureau, Priority Values for 2020 Census Apportionment, # 8 Exhibit (C) 3: Census Bureau, Table 4a, Reported Voting and Registration for States: November 2020, # 9 Exhibit (C) 4: Census Bureau, Current Population Survey, November 2020, Voting and Registration Supplement, Technical Documentation, # 10 (C) 5: Sentencing Project, Locked Out 2020: Estimates of People Denied Voting Rights Due to a Felony Conviction (Oct. 15, 2020, updated Oct. 30, 2020), # 11 Exhibit (C) 6: Ayush Sharma, Scenario 1 priority values based on the basis-of-representation and compared to the Census Bureaus priority values from Exhibit 2, # 12 Exhibit (C) 7: Ayush Sharma, Scenario 2 basis-of-representation value calculations, # 13 Exhibit (C) 8: Ayush Sharma, Scenario 2 priority values based on the basis-of-representation, # 14 Exhibit (C) 9: Ayush Sharma, Scenario 3 basis-of-representation value calculations, # 15 Exhibit (C) 10: Ayush Sharma, Scenario 3 priority values based on the basis-of-representation, # 16 Exhibit (C) 11: Ayush Sharma, Scenario 5 priority values based on the basis-of-representation, # 17 Exhibit (C) 12: Election Data Services, Final Census Apportionment Counts Surprises Many Observers; Raising Questions of Why? (Apr. 28, 2021), # 18 Exhibit (C) 13: Ayush Sharma, Scenario 4 basis-of-representation value calculations, # 19 Exhibit (C) 14: Ayush Sharma, Scenario 4 priority values based on the basis-of-representation, # 20 Exhibit D: Census Bureau, Press Release, 2020 Presidential Election Voting and Registration Tables Now Available (Apr. 29, 2021), # 21 Exhibit E: Census Bureau, Press Release, U.S. Census Bureau Today Delivers State Population Totals for Congressional Apportionment (Apr. 26, 2021), # 22 Exhibit F: Sarah Banks Declaration, # 23 Exhibit G: Androniki Lagos Declaration, # 24 Exhibit H: Isabel Magnus Declaration, # 25 Exhibit I: Michael Carr Declaration, # 26 Exhibit J: U.S. Commn on Civil Rights, Political Participation (1968), # 27 Exhibit K: NOAH WEBSTER ET AL., AM. DICTIONARY OF THE ENGLISH LANGUAGE 6 (Springfield, Mass. G. & C. Merriam 1865))(Pettinato, Jared) (Entered: 01/14/2022)

Jan. 14, 2022

Jan. 14, 2022

15

Joint MOTION for Scheduling Order by CITIZENS FOR CONSTITUTIONAL INTEGRITY. (Attachments: # 1 Text of Proposed Order)(Pettinato, Jared) (Entered: 01/20/2022)

Jan. 20, 2022

Jan. 20, 2022

MINUTE ORDER. Upon review of the 15 Joint Motion for a Scheduling Order, it is ORDERED that the Motion is GRANTED. It is further ORDERED that Defendants' Response to Plaintiff's Motion for Summary Judgment and any Dispositive Motion of their own is due on or before February 25, 2022, Plaintiff's Reply in Support of its Motion for Summary Judgment and in Opposition to Defendants' Dispositive Motion is due on or before April 8, 2022, Defendants' Reply in Support of their Motions is due on or before May 6, 2022, and the Parties shall file (a) four hard copies of a joint appendix that includes their exhibits or other relevant documents, and (b) four hard copies of a single, consolidated, double-sided, spiral bound set of the Parties four briefs on or before May 20, 2022. Signed by Judge Carl J. Nichols on January 25, 2022. (lccjn2)

Jan. 25, 2022

Jan. 25, 2022

Set/Reset Deadlines: Response to Motion for Summary Judgment due by 2/25/2022. Reply to Motion for Summary Judgment due by 4/8/2022. Dispositive Motions due by 2/25/2022. Response due by 4/8/2022. Reply due by 5/6/2022. Appendix due by 5/20/2022. (zcal)

Jan. 25, 2022

Jan. 25, 2022

Order on Motion for Scheduling Order

Jan. 25, 2022

Jan. 25, 2022

Set/Reset Deadlines

Jan. 26, 2022

Jan. 26, 2022

16

Consent MOTION for Extension of Time to Respond to Plaintiff's Complaint and Summary-Judgment Motion by CENSUS BUREAU, DEPARTMENT OF COMMERCE, RON JARMIN, GINA RAIMONDO. (Attachments: # 1 Text of Proposed Order)(Ehrlich, Stephen) (Entered: 02/15/2022)

Feb. 15, 2022

Feb. 15, 2022

MINUTE ORDER. Upon review of 16 Defendants' Motion for an Extension of Time, it is ORDERED that the Motion is GRANTED. Defendants shall respond to Plaintiff's Motion for Summary Judgment and file any Dispositive Motion on or before March 11, 2022. Signed by Judge Carl J. Nichols on February 16, 2022. (lccjn2)

Feb. 16, 2022

Feb. 16, 2022

Set/Reset Deadlines: Dispositive Motions due by 3/11/2022. Response to Motion for Summary Judgment due by 3/11/2022. (zcal)

Feb. 16, 2022

Feb. 16, 2022

Order on Motion for Extension of Time to

Feb. 16, 2022

Feb. 16, 2022

Set/Reset Deadlines

Feb. 16, 2022

Feb. 16, 2022

17

MOTION in Limine and Rule 56(d) Motion by CENSUS BUREAU, DEPARTMENT OF COMMERCE, RON JARMIN, GINA RAIMONDO. (Attachments: # 1 Sverdlov Declaration)(Ehrlich, Stephen) (Entered: 03/11/2022)

March 11, 2022

March 11, 2022

Clearinghouse
18

MOTION to Dismiss by CENSUS BUREAU, DEPARTMENT OF COMMERCE, RON JARMIN, GINA RAIMONDO. (Attachments: # 1 Text of Proposed Order)(Sverdlov, Alexander) (Entered: 03/11/2022)

March 11, 2022

March 11, 2022

19

RESPONSE re 14 MOTION for Summary Judgment filed by CENSUS BUREAU, DEPARTMENT OF COMMERCE, RON JARMIN, GINA RAIMONDO. (See Docket Entry 17 to view document). (zeg) (Entered: 03/17/2022)

March 11, 2022

March 11, 2022

Response to motion

March 17, 2022

March 17, 2022

20

AMENDED COMPLAINT against CENSUS BUREAU, DEPARTMENT OF COMMERCE, RON JARMIN, GINA RAIMONDO, Robert Santos filed by CITIZENS FOR CONSTITUTIONAL INTEGRITY. (Attachments: # 1 Exhibit 1: Letter from Ron S. Jarmin, Acting Director of the Census Bureau, to Jared Pettinato, The Pettinato Firm (Oct. 1, 2021), # 2 Exhibit 2: U.S. Commission on Civil Rights, Political Participation (1968), # 3 Exhibit 3: Ayush Sharma Declaration, # 4 Exhibit (3) 1: Census Bureau, Table 1, Apportionment Population and Number of Representatives by State: 2020 Census, # 5 Exhibit (3) 2: Census Bureau, Priority Values for 2020 Census Apportionment, # 6 Exhibit (3) 3: Census Bureau, Table 4a, Reported Voting and Registration for States: November 2020, # 7 Exhibit (3) 4: Census Bureau, Current Population Survey, November 2020, Voting and Registration Supplement, Technical Documentation, # 8 Exhibit (3) 5: Sentencing Project, Locked Out 2020: Estimates of People Denied Voting Rights Due to a Felony Conviction (Oct. 15, 2020, updated Oct. 30, 2020), # 9 Exhibit (3) 6: Ayush Sharma, Scenario 1 priority values based on the basis-of-representation and compared to the Census Bureaus priority values from Exhibit 2, # 10 Exhibit (3) 7: Ayush Sharma, Scenario 2 basis-of-representation value calculations, # 11 Exhibit (3) 8: Ayush Sharma, Scenario 2 priority values based on the basis-of-representation, # 12 Exhibit (3) 9: Ayush Sharma, Scenario 3 basis-of-representation value calculations, # 13 Exhibit (3) 10: Ayush Sharma, Scenario 3 priority values based on the basis-of-representation, # 14 Exhibit (3) 11: Ayush Sharma, Scenario 5 priority values based on the basis-of-representation, # 15 Exhibit (3) 12: Election Data Services, Final Census Apportionment Counts Surprises Many Observers; Raising Questions of Why? (Apr. 28, 2021), # 16 Exhibit (3) 13: Ayush Sharma, Scenario 4 basis-of-representation value calculations, # 17 Exhibit (3) 14: Ayush Sharma, Scenario 4 priority values based on the basis-of-representation)(Pettinato, Jared) (Entered: 03/21/2022)

1 Exhibit 1: Letter from Ron S. Jarmin, Acting Director of the Census Bureau, to J

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2 Exhibit 2: U.S. Commission on Civil Rights, Political Participation (1968)

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3 Exhibit 3: Ayush Sharma Declaration

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4 Exhibit (3) 1: Census Bureau, Table 1, Apportionment Population and Number of Re

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5 Exhibit (3) 2: Census Bureau, Priority Values for 2020 Census Apportionment

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6 Exhibit (3) 3: Census Bureau, Table 4a, Reported Voting and Registration for Sta

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7 Exhibit (3) 4: Census Bureau, Current Population Survey, November 2020, Voting a

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8 Exhibit (3) 5: Sentencing Project, Locked Out 2020: Estimates of People Denied V

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9 Exhibit (3) 6: Ayush Sharma, Scenario 1 priority values based on the basis-of-re

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10 Exhibit (3) 7: Ayush Sharma, Scenario 2 basis-of-representation value calculatio

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11 Exhibit (3) 8: Ayush Sharma, Scenario 2 priority values based on the basis-of-re

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12 Exhibit (3) 9: Ayush Sharma, Scenario 3 basis-of-representation value calculatio

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13 Exhibit (3) 10: Ayush Sharma, Scenario 3 priority values based on the basis-of-r

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14 Exhibit (3) 11: Ayush Sharma, Scenario 5 priority values based on the basis-of-r

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15 Exhibit (3) 12: Election Data Services, Final Census Apportionment Counts Surpri

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16 Exhibit (3) 13: Ayush Sharma, Scenario 4 basis-of-representation value calculati

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17 Exhibit (3) 14: Ayush Sharma, Scenario 4 priority values based on the basis-of-r

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March 21, 2022

March 21, 2022

RECAP
21

Joint MOTION for Scheduling Order by CENSUS BUREAU, DEPARTMENT OF COMMERCE, RON JARMIN, GINA RAIMONDO, ROBERT SANTOS. (Attachments: # 1 Text of Proposed Order)(Sverdlov, Alexander) (Entered: 03/30/2022)

March 30, 2022

March 30, 2022

22

MOTION for Summary Judgment, Renewed, by CITIZENS FOR CONSTITUTIONAL INTEGRITY. (Attachments: # 1 Memorandum in Support)(Pettinato, Jared) (Entered: 04/01/2022)

1 Memorandum in Support

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April 1, 2022

April 1, 2022

Clearinghouse

MINUTE ORDER. Upon review of the 21 Joint Motion for a Scheduling Order, it is ORDERED that the Motion is GRANTED. It is further ORDERED that Plaintiff shall file a motion for summary judgment on or before April 1, 2022; Defendants' (a) response to the amended complaint, including any motion under Federal Rule of Civil Procedure 12, and (b) response to Plaintiffs' motion for summary judgment, shall be filed on or before April 19, 2022; Plaintiff's (a) response to any motion under Rule 12, and (b) any reply to Defendants' response to Plaintiff's summary-judgment motion, shall be due on or before May 27, 2022; and Defendants' replies in support of any of its motions shall be due 14 days after Plaintiff submits its responses. It is further ORDERED that the 14 Motion for Summary Judgment; the 18 Motion to Dismiss; and the 17 Motion in Limine, are all DENIED as MOOT. Signed by Judge Carl J. Nichols on April 1, 2022. (lccjn2)

April 1, 2022

April 1, 2022

Set/Reset Deadlines: Answer due by 4/19/2022, Summary Judgment motions due by 4/1/2022. Response to Motion for Summary Judgment due by 4/19/2022. Reply to Motion for Summary Judgment due by 5/27/2022. (zcal)

April 1, 2022

April 1, 2022

Order on Motion for Scheduling Order

April 1, 2022

April 1, 2022

Set/Reset Deadlines

April 4, 2022

April 4, 2022

23

RESPONSE re 22 MOTION for Summary Judgment, Renewed, filed by CENSUS BUREAU, DEPARTMENT OF COMMERCE, GINA RAIMONDO, ROBERT SANTOS. (Attachments: # 1 Sverdlov Declaration)(Ehrlich, Stephen) (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

Clearinghouse
24

MOTION to Dismiss Amended Complaint by CENSUS BUREAU, DEPARTMENT OF COMMERCE, RON JARMIN, GINA RAIMONDO, ROBERT SANTOS. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Sverdlov, Alexander) (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

25

MOTION in Limine by CENSUS BUREAU, DEPARTMENT OF COMMERCE, GINA RAIMONDO, ROBERT SANTOS. (See Docket Entry 23 to view document). (zeg) (Entered: 04/28/2022)

April 19, 2022

April 19, 2022

In Limine

April 28, 2022

April 28, 2022

26

Memorandum in opposition to re 25 MOTION in Limine filed by CITIZENS FOR CONSTITUTIONAL INTEGRITY. (Attachments: # 1 Exhibit 1: Kristin Keeling Declaration)(Pettinato, Jared) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

Clearinghouse
27

Memorandum in opposition to re 24 MOTION to Dismiss Amended Complaint filed by CITIZENS FOR CONSTITUTIONAL INTEGRITY. (Pettinato, Jared) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

Clearinghouse
28

Consent MOTION for Extension of Time to File Response/Reply by CENSUS BUREAU, DEPARTMENT OF COMMERCE, RON JARMIN, GINA RAIMONDO, ROBERT SANTOS. (Attachments: # 1 Text of Proposed Order)(Sverdlov, Alexander) (Entered: 06/03/2022)

June 3, 2022

June 3, 2022

MINUTE ORDER. Upon review of the 28 Consent Motion for an Extension of Time, it is ORDERED that Defendants shall file their reply in support of the motion to dismiss and their reply in support of the motion in limine on or before June 24, 2022. Signed by Judge Carl J. Nichols on June 6, 2022. (lccjn2)

June 6, 2022

June 6, 2022

Set/Reset Deadlines: Replies due by 6/24/2022. (zcal)

June 6, 2022

June 6, 2022

Order on Motion for Extension of Time to File Response/Reply

June 6, 2022

June 6, 2022

Set/Reset Deadlines

June 10, 2022

June 10, 2022

29

REPLY to opposition to motion re 24 MOTION to Dismiss Amended Complaint filed by CENSUS BUREAU, DEPARTMENT OF COMMERCE, RON JARMIN, GINA RAIMONDO, ROBERT SANTOS. (Sverdlov, Alexander) (Entered: 06/24/2022)

June 24, 2022

June 24, 2022

30

REPLY to opposition to motion re 25 MOTION in Limine filed by CENSUS BUREAU, DEPARTMENT OF COMMERCE, RON JARMIN, GINA RAIMONDO, ROBERT SANTOS. (Sverdlov, Alexander) (Entered: 06/24/2022)

June 24, 2022

June 24, 2022

Clearinghouse

MINUTE ORDER. Upon review of 22 Motion for Summary Judgment and the 24 and the Motion to Dismiss the Amended Complaint, it is ORDERED that the Parties shall appear for oral argument on Monday, December 19, 2022 at 2:00pm in Courtroom 31. Signed by Judge Carl J. Nichols on July 13, 2022. (lccjn2)

July 13, 2022

July 13, 2022

Set/Reset Hearings: Motion Hearing set for 12/19/2022 at 02:00 PM in Courtroom 31, on the 5th Floor. (zcal)

July 13, 2022

July 13, 2022

.Order

July 13, 2022

July 13, 2022

Set/Reset Hearings

July 14, 2022

July 14, 2022

NOTICE of Hearing: Motion Hearing RESET for 12/19/2022 at 10:00 AM in Courtroom 31A- In Person. Note Time Change. (zcal)

Nov. 3, 2022

Nov. 3, 2022

Notice of Hearing

Nov. 3, 2022

Nov. 3, 2022

31

NOTICE of Isabel Magnus Changed Residence by CITIZENS FOR CONSTITUTIONAL INTEGRITY (Pettinato, Jared) (Entered: 11/24/2022)

Nov. 24, 2022

Nov. 24, 2022

Minute Entry for proceedings held before Judge Justin Walker, Judge Florence Pan, and Judge Carl J. Nichols: Motion Hearing held on 12/19/2022 re Motions 22, 24, and 25 . Motions taken under advisement. Court Reporter: Lorraine Herman. (zcam)

Dec. 19, 2022

Dec. 19, 2022

Motion Hearing

Dec. 19, 2022

Dec. 19, 2022

32

SUPPLEMENTAL MEMORANDUM to re Motion Hearing, Plaintiff's, on Applying the Zone-of-Interest Test to Organizations filed by CITIZENS FOR CONSTITUTIONAL INTEGRITY. (Pettinato, Jared) (Entered: 12/25/2022)

Dec. 25, 2022

Dec. 25, 2022

Clearinghouse
33

AMENDED COMPLAINT, Second, against CENSUS BUREAU, DEPARTMENT OF COMMERCE, GINA RAIMONDO, ROBERT SANTOS filed by CITIZENS FOR CONSTITUTIONAL INTEGRITY. (Attachments: # 1 Second Amended Complaint Redline)(Pettinato, Jared) (Entered: 02/13/2023)

Feb. 13, 2023

Feb. 13, 2023

Clearinghouse
34

Joint MOTION to Deem Filed Motions to Apply to the Second Amended Complaint re 33 Amended Complaint by CITIZENS FOR CONSTITUTIONAL INTEGRITY. (Attachments: # 1 Text of Proposed Order)(Pettinato, Jared) (Entered: 02/13/2023)

Feb. 13, 2023

Feb. 13, 2023

Order on Motion for Miscellaneous Relief

Feb. 23, 2023

Feb. 23, 2023

MINUTE ORDER. Upon review of the 34 Joint Motion to Deem Already Filed Motions Applicable to the Second Amended Complaint, it is ORDERED that the Motion is GRANTED. It is further ORDERED that the existing motions for summary judgment, to dismiss, and in limine, and the briefs in support, shall apply as if made based on the Second Amended Complaint. Signed by Judge Carl J. Nichols on February 23, 2023. (lccjn2)

Feb. 23, 2023

Feb. 23, 2023

35

NOTICE OF SUPPLEMENTAL AUTHORITY by CITIZENS FOR CONSTITUTIONAL INTEGRITY (Attachments: # 1 Exhibit 1: Bartenwerfer v. Buckley, No. 21-908, Slip Op. (Feb. 22, 2023))(Pettinato, Jared) (Entered: 03/29/2023)

March 29, 2023

March 29, 2023

36

ORDER granting 24 Motion to Dismiss. Signed by Judge Carl J. Nichols on April 18, 2023. (lccjn2) (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

Clearinghouse
37

MEMORANDUM OPINION. Signed by Judge Carl J. Nichols on April 18, 2023. (lccjn2) (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

RECAP
38

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 36 Order on Motion for Summary Judgment, Order on Motion to Dismiss, Order on Motion in Limine, 37 Memorandum & Opinion by CITIZENS FOR CONSTITUTIONAL INTEGRITY. Filing fee $ 505, receipt number ADCDC-10149243. Fee Status: Fee Paid. Parties have been notified. (Attachments: # 1 Representation Statement)(Pettinato, Jared) (Entered: 06/19/2023)

June 19, 2023

June 19, 2023

Clearinghouse
39

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid re 38 Notice of Appeal to DC Circuit Court. (zed) (Entered: 06/20/2023)

June 20, 2023

June 20, 2023

USCA Case Number

June 26, 2023

June 26, 2023

USCA Case Number 23-5140 for 38 Notice of Appeal to DC Circuit Court, filed by CITIZENS FOR CONSTITUTIONAL INTEGRITY. (znmw)

June 26, 2023

June 26, 2023

40

NOTICE of Filing of the U.S. Secretary of Commerce's Report to the President by CITIZENS FOR CONSTITUTIONAL INTEGRITY (Attachments: # 1 Ex. 1: Report from U.S. Secretary of Commerce Gina Raimondo to President Joe Biden (Apr. 26, 2021))(Pettinato, Jared) (Entered: 08/13/2023)

1

View on RECAP

Aug. 13, 2023

Aug. 13, 2023

Clearinghouse
41

MANDATE of USCA as to 38 Notice of Appeal to DC Circuit Court, filed by CITIZENS FOR CONSTITUTIONAL INTEGRITY ; USCA Case Number 23-5140. (Attachments: # 1 USCA Judgment Filed on 9/10/2024)(zdp) (Entered: 02/03/2025)

Feb. 3, 2025

Feb. 3, 2025

Case Details

State / Territory:

District of Columbia

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Nov. 17, 2021

Closing Date: Feb. 3, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Citizens for Constitutional Integrity is a 501(c)(3) charitable nonprofit organization that researches and advocates for legislation, regulations, and government programs. Its purposes include improving the United States Constitution’s integrity, democratic elections, and government accountability. It maintains its principal office in Washington, D.C.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

GINA RAIMONDO (District of Columbia), Federal

RON JARMIN (District of Columbia), Federal

THE CENSUS BUREAU (District of Columbia), Federal

THE DEPARTMENT OF COMMERCE (District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

All Writs Act, 28 U.S.C. § 1651

Constitutional Clause(s):

Appointments Clause

Other Dockets:

District of District of Columbia 1:21-cv-03045

U.S. Court of Appeals for the District of Columbia Circuit 23-05140

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None

Source of Relief:

None

Order Duration: 2025 - 2025

Issues

Voting:

Redistricting/district composition