Unanimous Supreme Court: It’s ‘Predictable’ That Noncitizens Will Act ‘Unlawfully’
On its way to ruling by a 5-4 majority that the Secretary of Commerce improperly decided to include a citizenship question in the 2020 Census, the Supreme Court unanimously concluded that states had legal standing to sue the federal government over this issue based on the court’s conclusion that it is “predictable†that noncitizens will act “unlawfully†by declining to fill out the Census questionnaire.
The court explained its conclusion on this question in Part II of its opinion, which all nine justices joined.
“To have standing,†Chief Justice John Roberts wrote in this unanimously-joined part of his opinion in Department of Commerce v. New York, “a plaintiff must present an injury that is concrete, particularized, and actual or imminent; fairly traceable to the defendant’s challenged behavior; and likely to be redressed by a favorable ruling."
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