Asking about citizenship on the 2020 census is legal — but the Trump administration may still have broken the law in how it went about adding the question to the list, a federal judge ruled Thursday.
Judge Jesse M. Furman ruled that a legal challenge to the citizenship question can proceed, giving the challengers a chance to try to prove that President Trump’s team acted with “animus” toward racial or ethnic minorities in making the decision.
Judge Furman said he already sees “indications” of such animus, based on the way the government cut corners to put the citizenship question on the list for 2020.
The judge said he was particularly troubled by the Trump campaign’s move to take credit for the decision to ask the question, crediting the president with “officially” mandating its inclusion.
“Courts have a critical role to play in reviewing the conduct of the political branches to ensure that the census is conducted in a manner consistent with the Constitution and applicable law,” the judge wrote.