New York v. Trump, 20-CV-5770 (RCW) (PWH) (JMF)

CourtUnited States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
Writing for the CourtPER CURIAM.
Citation490 F.Supp.3d 736
Parties State of NEW YORK, et al., Plaintiffs, v. Donald J. TRUMP, in his official capacity as President of the United States, et al., Defendants.
Docket Number20-CV-5770 (RCW) (PWH) (JMF)
Decision Date29 September 2020

490 F.Supp.3d 736

State of NEW YORK, et al., Plaintiffs,
v.
Donald J. TRUMP, in his official capacity as President of the United States, et al., Defendants.

20-CV-5770 (RCW) (PWH) (JMF)

United States District Court, S.D. New York.

Signed September 29, 2020


Elena Stacy Goldstein, Eric Ross Haren, Matthew Colangelo, Fiona Jeannette Kaye, Morenike Fajana, Judith Naomi Vale, New York State Office of the Attorney General, New York, NY, for Plaintiff State of New York.

Eric Olson, Colorado Department of Law, Denver, CO, Elena Stacy Goldstein, Matthew Colangelo, New York State Office of the Attorney General, New York, NY, for Plaintiff State of Colorado.

Joshua Perry, Office of the Attorney General, Connecticut, Hartford, CT, Elena Stacy Goldstein, Matthew Colangelo, New York State Office of the Attorney General, New York, NY, for Plaintiff State of Connecticut.

Vanessa L. Kassab, Delaware Department of Justice, Wilmington, DE, Elena Stacy Goldstein, Matthew Colangelo, New York State Office of the Attorney General, New York, NY, for Plaintiff State of Delaware.

Kathleen Konopka, DC Office of the Attorney General, Washington, DC, Elena Stacy Goldstein, Matthew Colangelo, New York State Office of the Attorney General, New York, NY, for Plaintiff District of Columbia.

Nicholas Matthew McLean, Department of the Attorney General, State of Hawaii, Honolulu, HI, Elena Stacy Goldstein, Matthew Colangelo, New York State Office of the Attorney General, New York, NY, for Plaintiff State of Hawaii.

Jeffrey VanDam, Illinois Attorney General's Office, Chicago, IL, Elena Stacy Goldstein, Matthew Colangelo, New York State Office of the Attorney General, New York, NY, for Plaintiff State of Illinois.

Elena Stacy Goldstein, Matthew Colangelo, New York State Office of the Attorney General, New York, NY, for Plaintiffs State of Maryland, State of North Carolina, State of Rhode Island, Commonwealth of Virginia, City of Phoenix, City of Pittsburgh, City of Providence, City of Seattle, County of Cameron, County of Hidalgo.

Ann E. Lynch, Massachusetts Attorney General's Office, Springfield, MA, Miranda M. Cover, Massachusetts Attorney General's Office, Boston, MA, Elena Stacy Goldstein, Matthew Colangelo, New York State Office of the Attorney General, New York, NY, for Plaintiff Commonwealth of Massachusetts.

Jennifer Marie Jackson, Michigan Department of Attorney General, Lansing, MI, Elena Stacy Goldstein, Matthew Colangelo, New York State Office of the Attorney General, New York, NY, for Plaintiff State of Michigan.

Jacob Campion, Office of the Minnesota Attorney General, St. Paul, MN, Elena Stacy Goldstein, Matthew Colangelo, New York State Office of the Attorney General, New York, NY, for Plaintiff State of Minnesota.

Heidi Parry Stern, Nevada Attorney General, Las Vegas, NV, Elena Stacy Goldstein, Matthew Colangelo, New York State Office of the Attorney General, New York, NY, for Plaintiff State of Nevada.

Marie Soueid, Office of the New Jersey Attorney General, Trenton, NJ, Elena Stacy Goldstein, Matthew Colangelo, New York State Office of the Attorney General, New York, NY, for Plaintiff State of New Jersey.

Tania Maestas, NM Office of the Attorney General, Santa Fe, NM, Elena Stacy Goldstein, Matthew Colangelo, New York State Office of the Attorney General, New York, NY, for Plaintiff State of New Mexico.

Brian Alexander de Haan, Allen & Overy, LLP, Elena Stacy Goldstein, Matthew Colangelo, New York State Office of the Attorney General, New York, NY, for Plaintiff State of Oregon.

Aimee D. Thomson, PA Office of the Attorney General, Philadelphia, PA, Elena Stacy Goldstein, Matthew Colangelo, New York State Office of the Attorney General, New York, NY, for Plaintiff Commonwealth of Pennsylvania.

Benjamin Daniel Battles, Office of the Attorney General, Montpelier, VT, Elena Stacy Goldstein, Matthew Colangelo, New York State Office of the Attorney General, New York, NY, for Plaintiff State of Vermont.

Laura Kristine Clinton, Washington State Attorney General, Seattle, WA, Elena Stacy Goldstein, Matthew Colangelo, New York State Office of the Attorney General, New York, NY, for Plaintiff State of Washington.

Matthew Timothy Jerzyk, City of Central Falls, Central Falls, RI, Elena Stacy Goldstein, Matthew Colangelo, New York State Office of the Attorney General, New York, NY, for Plaintiff City of Central Falls.

Rebecca Hirsch, City of Chicago, Chicago, IL, Elena Stacy Goldstein, Matthew Colangelo, New York State Office of the Attorney General, New York, NY, for Plaintiff City of Chicago.

Lara Baker-Morrish, Richard Coglianese, City Attorney's Office, Columbus, OH, Elena Stacy Goldstein, Matthew Colangelo, New York State Office of the Attorney General, New York, NY, for Plaintiff City of Columbus.

Aaron Michael Bloom, New York City Law Department, Elena Stacy Goldstein, Matthew Colangelo, New York State Office of the Attorney General, New York, NY, for Plaintiff City of New York.

Michael Wu-Kung Pfautz, City of Philadelphia Law Department, Philadelphia, PA, Elena Stacy Goldstein, Matthew Colangelo, New York State Office of the Attorney General, New York, NY, for Plaintiff City of Philadelphia.

Dennis J. Herrera, Erin Lee Kuka, San Francisco City Attorney's Office, San Francisco, CA, Elena Stacy Goldstein, Matthew Colangelo, New York State Office of the Attorney General, New York, NY, for Plaintiff City and County of San Francisco.

Ian R. Kaplan, El Paso County Attorney's Office, El Paso, TX, Elena Stacy Goldstein, Matthew Colangelo, New York State Office of the Attorney General, New York, NY, for Plaintiff County of El Paso.

William Merrill Litt, County of Monterey, Salinas, CA, Elena Stacy Goldstein, Matthew Colangelo, New York State Office of the Attorney General, New York, NY, for Plaintiff County of Monterey.

I John Daniel Reaves, John Daniel Reaves, Attorney, Washington, DC, Elena Stacy Goldstein, New York State Office of the Attorney General, New York, NY, for Plaintiff United States Conference of Mayors.

Susan P. Herman, Office of the Attorney General, Augusta, ME, Elena Stacy Goldstein, New York State Office of the Attorney General, New York, NY, for Plaintiff State of Maine.

Steven Carl Kilpatrick, Wisconsin Department of Justice, Madison, WI, Elena Stacy Goldstein, New York State Office of the Attorney General, New York, NY, for Plaintiff State of Wisconsin.

Tsega Girma, Howard County Office of Law, Ellicott City, MD, Elena Stacy Goldstein, New York State Office of the Attorney General, New York, NY, for Plaintiff Howard County.

Allison Rovner, United States Attorney's Office Sdny, Jeffrey Stuart Oestericher, U.S. Attorney's Office, New York, NY, Elliott Marc Davis, Sopan Joshi, DOJ-Osg, Daniel Mauler, U.S. Department of Justice, Washington, DC, for Defendants.

Before: RICHARD C. WESLEY, United States Circuit Judge, PETER W. HALL, United States Circuit Judge, JESSE M. FURMAN, United States District Judge

OPINION AND ORDER

PER CURIAM.

490 F.Supp.3d 740

On July 21, 2020, the President of the United States issued a Memorandum declaring that, "[f]or the purpose of the reapportionment of Representatives following the 2020 census" — which is still ongoing — "it is the policy of the United States to exclude from the apportionment base aliens who are not in a lawful immigration status." Excluding Illegal Aliens From the Apportionment Base Following the 2020 Census § 2, 85 Fed. Reg. 44,679, 44,680 (July 23, 2020) (ECF No. 1-1) (the "Presidential Memorandum"). Within days, Plaintiffs filed these consolidated cases, familiarity with which is assumed, alleging that the Presidential Memorandum violates the Constitution, statutes governing the census and apportionment, and other laws. In an Opinion and Order entered September 10, 2020, we granted summary judgment to Plaintiffs on the ground that the Presidential Memorandum constituted an "ultra vires violation of Congress's delegation of its constitutional responsibility to count the whole number of persons in each State and to apportion members of the House of Representatives among the States according to their respective numbers under 2 U.S.C. § 2a and 13 U.S.C. § 141." New York v. Trump , 485 F. Supp. 3d 422, 481, No. 20-CV-5770 (RCW) (PWH) (JMF) (S.D.N.Y. Sept. 10, 2020) (ECF No. 164); see ECF No. 165 ("Judgment"). We declared the Presidential Memorandum to be unlawful. And we also entered an injunction barring the Secretary of Commerce (the "Secretary") and other Defendants from "including in the Secretary's report to the President pursuant to Section 141(b) [of the Census Act] ... any information concerning the number of aliens in each State who are not in a lawful immigration status under the Immigration and Nationality Act."

490 F.Supp.3d 741

New York , 485 F.Supp.3d at 480 (internal quotation marks and citation omitted). We confirmed, however, that Defendants were "not enjoin[ed] ... from continuing to study whether and how it would be feasible to calculate the number of illegal aliens in each State." Id.

On September 16, 2020, Defendants filed a notice of appeal of our judgment to the Supreme Court and, the same day, moved for a stay of judgment...

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5 practice notes
  • City of San Jose v. Trump, No. 20-CV-05167-RRC-LHK-EMC
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • October 22, 2020
    ...be feasible to calculate the number of illegal aliens in each State"); see also New York v. Trump , No. 20-CV-5770 (RCW) (PWH) (JMF), 490 F.Supp.3d 736, 746 n.8, (S.D.N.Y. 2020) (three-judge court) (per curiam) (denying stay pending appeal and indicating that the Secretary of Commerce and t......
  • Wei Su v. Sotheby's, Inc., 17-CV-4577 (VEC)
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • September 29, 2020
    ...cite to evidence in the record. See Yeh's Counter 56.1 Statement (Dkt. 172). Complying with the Court's rules is required. While Courts 490 F.Supp.3d 736 have discretion to grant summary judgment on this basis, they are not required to do so. Federal Rule of Civil Procedure 56(c)(3) states ......
  • Lohnn v. Int'l Bus. Machs. Corp., 21-cv-6379 (LJL)
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • January 4, 2022
    ...substantially injure the other parties interested in the proceeding'; and (4) ‘where the public interest lies.'” New York v. Trump, 490 F.Supp.3d 736, 741 (S.D.N.Y. 2020) (quoting Nken v. Holder, 556 U.S. 418, 434 (2009)). “Notably, ‘[a] stay is not a matter of right, even if irreparable in......
  • In re Citibank Aug. 11, 2020 Wire Transfers, 20-CV-6539 (JMF)
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • May 12, 2021
    ...Res. Def. Council, Inc., 555 U.S. 7, 22 (2008), "the applicant must demonstrate that both factors are satisfied," New York v. Trump, 490 F. Supp. 3d 736, 741 (S.D.N.Y. 2020) (three-judge court) (per curiam) (emphasis added) (internal quotation marks omitted). Notably, "[a] stay is not a mat......
  • Request a trial to view additional results
5 cases
  • City of San Jose v. Trump, No. 20-CV-05167-RRC-LHK-EMC
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • October 22, 2020
    ...be feasible to calculate the number of illegal aliens in each State"); see also New York v. Trump , No. 20-CV-5770 (RCW) (PWH) (JMF), 490 F.Supp.3d 736, 746 n.8, (S.D.N.Y. 2020) (three-judge court) (per curiam) (denying stay pending appeal and indicating that the Secretary of Commerce and t......
  • Wei Su v. Sotheby's, Inc., 17-CV-4577 (VEC)
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • September 29, 2020
    ...cite to evidence in the record. See Yeh's Counter 56.1 Statement (Dkt. 172). Complying with the Court's rules is required. While Courts 490 F.Supp.3d 736 have discretion to grant summary judgment on this basis, they are not required to do so. Federal Rule of Civil Procedure 56(c)(3) states ......
  • Lohnn v. Int'l Bus. Machs. Corp., 21-cv-6379 (LJL)
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • January 4, 2022
    ...substantially injure the other parties interested in the proceeding'; and (4) ‘where the public interest lies.'” New York v. Trump, 490 F.Supp.3d 736, 741 (S.D.N.Y. 2020) (quoting Nken v. Holder, 556 U.S. 418, 434 (2009)). “Notably, ‘[a] stay is not a matter of right, even if irreparable in......
  • In re Citibank Aug. 11, 2020 Wire Transfers, 20-CV-6539 (JMF)
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • May 12, 2021
    ...Res. Def. Council, Inc., 555 U.S. 7, 22 (2008), "the applicant must demonstrate that both factors are satisfied," New York v. Trump, 490 F. Supp. 3d 736, 741 (S.D.N.Y. 2020) (three-judge court) (per curiam) (emphasis added) (internal quotation marks omitted). Notably, "[a] stay is not a mat......
  • Request a trial to view additional results

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