Existing comment:
Arguments were being heard today is this case:
18-966 DEPARTMENT OF COMMERCE V. NEW YORK
DECISION BELOW: 2019 WL 190285
QUESTION PRESENTED:
1. Whether the district court erred in enjoining the Secretary of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the Secretary's decision violated the Administrative Procedure Act (APA), 5 U.S.C. 701 et seq.
2. Whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker-including by compelling the testimony of high-ranking Executive Branch officials-without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis. |