Congresswoman Sheila Jackson Lee Statement Following the Supreme Court's Decision in Department of Commerce v. New York

Statement

Congresswoman Sheila Jackson Lee, senior Member of the House Committees on Budget, Judiciary and Homeland Security, issued this statement following the Supreme Court's decision in Department of Commerce v. New York:

"Earlier today, the Supreme Court issued its opinion in Department of Commerce v. New York, which considered whether it is permissible to inquire about citizenship on the 2020 decennial census. Today, the Court ruled that while it is permissible to generally ask about citizenship on the Census, the Constitution imposes limits on the motives underlying the inquiry and remanded the case to the district court to determine whether the Commerce Secretary's stated reason comported with the administrative and evidentiary record. I am confident the district court will conclude that it does not. The record now shows clearly that the Secretary was not at all concerned with enforcing the Voting Rights Act, but instead was solely motivated by what would "be advantageous to Republicans and non-Hispanic Whites" and disadvantageous to "Democrats and the major minority groups in the nation."

"Let me restate unequivocally now what I have always maintained: I disagree with the decision to place the citizenship question on the 2020 question. I do not disagree with the Court, however, in recognizing the fraught racial fault lines at issue in this case, and the ramifications for our country, if the citizenship question is placed on the Census. The decision to ask about citizenship has always invited concern, and had the potential to disproportionately impact vulnerable and underserved communities, as well as communities of color. For example, given the current political climate, it has the potential to intimidate potential respondents, irrespective of their citizenship status. It is no coincidence that this decision to inquire about citizenship was opposed by the NAACP and other civil rights organizations. It also appears that the decision was not motivated by concerns to get an accurate count, but instead by political considerations.

"The consequences of any decision to inquire about citizenship are not relegated to "blue states" or "red states." Sixty percent of the country's undocumented immigrants live in urban areas, a majority of which was won by Hillary Clinton in the 2016 election. An undercount of metropolitan urban areas could adversely affect the funds received by cities such as Houston, Austin and Dallas. Lastly, the decision to ask about citizenship is reminiscent of an uglier time in our country's history where the questions about fair and equal representation were informed by immutable characteristics, such as race.

"Today's opinion is a welcome decision. If imperfect. The decision appears to be a delay--if ever slight--in this administration's efforts to weaponize the 2020 census. I encourage the district court to which this case was remanded to conduct a fulsome and thorough review of the record and of Secretary Ross's motives to inquire about citizenship. If, as I suspect, the motives for placing the question on the census are more improper, the federal courts must permanently enjoin placement of this question on our next decennial census."

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