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Case Name City of San Jose v. Trump IM-CA-0168
Docket / Court 5:20-cv-05167 ( N.D. Cal. )
State/Territory California
Case Type(s) Immigration and/or the Border
Attorney Organization Lawyers Comm. for Civil Rights Under Law
Case Summary
This is a case about the U.S. Census Bureau’s decision, at the prompting of the President, to exclude undocumented immigrants from the 2020 census’s apportionment base. On July 27, 2020, the City of San Jose, California and other parties filed this lawsuit in the U.S. District Court for the ... read more >
This is a case about the U.S. Census Bureau’s decision, at the prompting of the President, to exclude undocumented immigrants from the 2020 census’s apportionment base. On July 27, 2020, the City of San Jose, California and other parties filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiffs sued President Trump, as well as the Department of Commerce, the Census Bureau, and their respective directors under 28 U.S.C. § 2201. The plaintiffs asserted that the federal government’s practice of excluding illegal aliens, as well as the use of statistical sampling for apportionment, violated the Fourteenth Amendment’s Apportionment Clause, Due Process Clause, and Equal Protection Clause, as well as the Census Act of 1954. The City of San Jose’s suit was related to State of California v. Trump, as both suits sought similar relief for the President’s actions relating to the Apportionment Exclusion Order (“the Order”). Represented by private counsel, the Attorney General for the State of California, and civil rights attorneys, the plaintiffs sought injunctive and declaratory relief invalidating the Order in order to avoid injuries to individuals, organizations, and government entities that would be sustained if the census was used to exclude illegal aliens from apportionment calculations. This lawsuit was filed in the District Court for the Northern District of California under 28 U.S.C. § 1331, and 28 U.S.C. § 1391(b)(2), among other statutes.

The case was originally assigned to Magistrate Judge Nathaniel Cousins; however, due to a failure to gain consent from all parties, the case was reassigned to District Court Judge Lucy Koh. On August 18, 2020, the plaintiffs requested, via 28 U.S.C. § 2284, that a three-judge panel be convened due to the nature of the claim challenging the constitutionality of apportionment. The three-judge court consisted of Judge Lucy Koh, Judge Edward Chen, and Circuit Court Judge Richard Clifton.

On August 27, 2020, the plaintiffs moved for partial summary judgment on the claims alleging that the Order violated the Fourteenth Amendment’s Apportionment and Enumeration Clauses, the Census Act, the Reapportionment Act, and the separation of powers. On September 10, 2020 the defendants filed a motion to dismiss for lack of jurisdiction, or, alternatively, a motion for summary judgment. On October 22, 2020, the court granted the plaintiff’s motion for partial summary judgment, denying the defendants’ motion to dismiss. The court held that the actions indicated by the President’s memorandum violated the Constitution, the Census Act of 1954, and the Reapportionment Act of 1929. The court also found that declaratory relief was warranted to prevent implementation due to the Order’s potential to deprive individuals of their fair representation in Congress, produce a chilling effect on compliance with the 2020 census, and to inhibit governmental functions by limiting funding, forcing state and local redistricting, and unjustly reducing Congressional presence. Based on these holdings, the court entered final judgment enjoining the government from carrying out or assisting President Trump’s efforts to carry out the Apportionment Exclusion Order.

On October 23, 2020, the defendants appealed the district court’s partial granting of partial summary judgment to the Ninth Circuit Court of Appeals and the Supreme Court of the United States. The Supreme Court granted certiorari directly from the district court.

On January 4, 2021, the Supreme Court vacated the judgment of the district court. The Supreme Court remanded the case to the district court, instructing the district court to dismiss the case for lack of jurisdiction. The Supreme Court cited its opinion in Trump v. New York, decided on December 18, 2020, which also united several plaintiffs in opposition to President Trump’s Apportionment Exclusion Order. The reasoning in Trump v. New York relied on the grounds that the claim was not ripe due to an inability to determine the practical impact of the memorandum.

On January 7, 2021, the district court dismissed the case for lack of jurisdiction. Similarly, on January 13, 2021, the defendants moved to voluntarily dismiss their appeal pending in the Court of Appeals because it had been resolved by the Supreme Court, which was granted. The case is now closed.

Matthew Weiner - 10/07/2021


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Defendant-type
Jurisdiction-wide
Discrimination-basis
Immigration status
General
Disparate Impact
Immigration/Border
Undocumented immigrants - state and local regulation
Plaintiff Type
City/County Plaintiff
State Plaintiff
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) President Donald Trump
Secretary Wilbur Ross
Steven Dillingham
U.S. Census Bureau
U.S. Department of Commerce
Plaintiff Description A group of city, county, and state governments that anticipated an adverse impact due to the Apportionment Exclusion Order to their governmental functions and to the interests of their residents.
Indexed Lawyer Organizations Lawyers Comm. for Civil Rights Under Law
Class action status sought No
Class action status outcome Not sought
Filed Pro Se No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Filed 07/27/2020
Case Closing Year 2021
Case Ongoing No
Case Listing IM-CA-0169 : California v. Trump (N.D. Cal.)
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  2020 Census Litigation
(The Brennan Center)
[ Detail ] [ External Link ]

Court Docket(s)
N.D. Cal.
01/13/2021
5:20-cv-05167-LHK-RRC-EMC
IM-CA-0168-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
N.D. Cal.
07/27/2020
Complaint for Declaratory and Injunctive Relief [ECF# 1]
IM-CA-0168-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Cal.
08/18/2020
First Amended Complaint for Declaratory and Injunctive Relief (Three-Judge Court Requested Pursuant to 28 U.S.C. § 2284) [ECF# 46]
IM-CA-0168-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Cal.
10/22/2020
Order Granting Plaintiffs' Motion for Partial Summary Judgment and Denying Defendants' Motion to Dismiss [ECF# 101] (497 F.Supp.3d 680)
IM-CA-0168-0003.pdf | WESTLAW| LEXIS | Detail
Source: PACER [Public Access to Court Electronic Records]
U.S. Supreme Court
12/28/2020
[Opinion of the Court] (141 S.Ct. 1231)
IM-CA-0168-0004.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Cal.
01/07/2021
Order Dismissing Cases for Lack of Jurisdiction [ECF# 94]
IM-CA-0168-0005.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
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Judges Chen, Edward Milton (N.D. Cal.) show/hide docs
IM-CA-0168-0003 | IM-CA-0168-0005 | IM-CA-0168-9000
Clifton, Richard R. (Ninth Circuit) show/hide docs
IM-CA-0168-0003 | IM-CA-0168-0005 | IM-CA-0168-9000
Cousins, Nathanael M. (N.D. Cal.) show/hide docs
IM-CA-0168-9000
Koh, Lucy Haeran (N.D. Cal.) show/hide docs
IM-CA-0168-0003 | IM-CA-0168-0005 | IM-CA-0168-9000
Plaintiff's Lawyers Bauer, Steven (California) show/hide docs
IM-CA-0168-0001 | IM-CA-0168-0002 | IM-CA-0168-9000
Bress, Richard P. (District of Columbia) show/hide docs
IM-CA-0168-0001 | IM-CA-0168-0002 | IM-CA-0168-9000
Clarke, Kristen M. (District of Columbia) show/hide docs
IM-CA-0168-0001 | IM-CA-0168-0002 | IM-CA-0168-9000
Greenbaum, Jon M. (District of Columbia) show/hide docs
IM-CA-0168-0001 | IM-CA-0168-0002 | IM-CA-0168-9000
Guan, Cindy (California) show/hide docs
IM-CA-0168-0002 | IM-CA-0168-9000
Huseny, Sadik Harry (California) show/hide docs
IM-CA-0168-0001 | IM-CA-0168-0002 | IM-CA-0168-9000
Jordan, Maryum (District of Columbia) show/hide docs
IM-CA-0168-0001 | IM-CA-0168-0002 | IM-CA-0168-9000
Lankenau, Shannon D. (California) show/hide docs
IM-CA-0168-0001 | IM-CA-0168-0002 | IM-CA-0168-9000
Makker, Amit (California) show/hide docs
IM-CA-0168-0001 | IM-CA-0168-0002 | IM-CA-0168-9000
Rosenbaum, Mark Dale (California) show/hide docs
IM-CA-0168-0001 | IM-CA-0168-0002
Rosenberg, Ezra D (District of Columbia) show/hide docs
IM-CA-0168-0001 | IM-CA-0168-0002 | IM-CA-0168-9000
Saini, Ajay (New York) show/hide docs
IM-CA-0168-0001 | IM-CA-0168-0002 | IM-CA-0168-9000
Spence, Dorian (District of Columbia) show/hide docs
IM-CA-0168-0001 | IM-CA-0168-0002 | IM-CA-0168-9000
Wise, R Matthew (California) show/hide docs
IM-CA-0168-9000
Defendant's Lawyers Clark, Jeffrey Bossert (District of Columbia) show/hide docs
IM-CA-0168-9000
Coghlan, John V (District of Columbia) show/hide docs
IM-CA-0168-9000
Haas, Alexander K (District of Columbia) show/hide docs
IM-CA-0168-9000
Joshi, Sopan (District of Columbia) show/hide docs
IM-CA-0168-9000
Kelleher, Diane (District of Columbia) show/hide docs
IM-CA-0168-9000
Mauler, Daniel (District of Columbia) show/hide docs
IM-CA-0168-9000
Robinson, John (District of Columbia) show/hide docs
IM-CA-0168-9000
Rosenberg, Brad P. (District of Columbia) show/hide docs
IM-CA-0168-9000
Other Lawyers Altman, Jennifer G (Florida) show/hide docs
IM-CA-0168-9000
Chase-Woods, Dustin James (California) show/hide docs
IM-CA-0168-9000
Clary, Richard W, (New York) show/hide docs
IM-CA-0168-9000
Devitt, Tamara Irene (California) show/hide docs
IM-CA-0168-9000
Green, Blaine I (California) show/hide docs
IM-CA-0168-9000
Joseph, Lawrence J (District of Columbia) show/hide docs
IM-CA-0168-9000
Letter, Douglas (District of Columbia) show/hide docs
IM-CA-0168-9000
Pisko, Michael John (New York) show/hide docs
IM-CA-0168-9000
Trachtenberg, Mark R (Texas) show/hide docs
IM-CA-0168-9000
Wydra, Elizabeth B. (District of Columbia) show/hide docs
IM-CA-0168-9000

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