Law360 Quotes Robert Pees on Federal Ruling in Census Citizenship Case
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In its article “Citizenship Question Ruling Offers Model For Peer Courts,” Law360 has quoted Akin Gump litigation partner Robert Pees regarding a ruling by a federal judge in New York, who said that Commerce Secretary Wilbur Ross violated the Administrative Procedure Act (APA) by including a question about citizenship status on the 2020 census. Akin Gump served as pro bono counsel for the amici supporting the plaintiffs in the case.
In an opinion of more than 270 pages, Judge Jesse Furman, as the article reports, said that Ross had fallen short of his duties under the APA to make evidence-based decisions and to represent truthfully his motives. The article also notes that Judge Furman preempted arguments that the government would make on appeal by avoiding reliance on extra-record evidence, which the government has previously tried to block.
“[Judge Furman] took pains to stress that his conclusions would be the same even if he were limited solely to the administrative record,” said Pees. “Mindful of the pending Supreme Court challenge to extra-record discovery, Judge Furman designed his opinion to be effective and robust even if an appellate court were to find that trial courts cannot look outside the administrative record.”
To read more about the brief that Akin Gump filed in the case, click here.
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