Document Type
Brief
Publication Date
4-1-2019
Abstract
Amici are legal scholars whose focus includes administrative and constitutional law. They have studied, taught, and written about standing, judicial review, jurisdiction, constitutional interpretation, and agency discretion. They have a strong interest in the development of the law-including the maintenance of a careful balance between deference to administrative agencies and judicial review of agency action. A list of amici is set forth in an appendix to this brief.
The question here is not whether the Commerce Secretary has the statutory power to add a question about citizenship to the census. It is, instead, whether the Secretary adhered to the most elementary requirements of reasoned decision making when he decided to do so. By virtue of the position taken by the government on appeal, this Court must also decide whether it is wholly precluded from policing arbitrary, capricious, and pretextual decisions by a political appointee regarding the census questionnaire.
Recommended Citation
Bagley, Nicholas and Litman, Leah, "Department of Commerce v. New York: Brief of Nicholas Bagley, Michael Dorf, Aziz Huq, Leah Litman, Gillian Metzger, Jon D. Michaels, Laurence H. Tribe, and Stephen I. Vladeck as Amici Curiae in Support of Respondents" (2019). Appellate Briefs. 58.
https://repository.law.umich.edu/briefs/58
Comments
Amicus: Bagley, Professor Nicholas; Dorf, Professor Michael; Huq, Professor Aziz; Litman, Professor Leah; Metzger, Professor Gillian; Michaels, Professor Jon D.; Tribe, Professor Laurence H.; Vladeck, Professor Stephen I.