US Census Wrongful Data Lawsuits

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US Census Wrongful Data Lawsuits

Detailed research fails to uncover any recent wrongful data lawsuit or litigation activities in a trade publication where municipalities filed against the Department of Commerce on charges of population miscount.

1. STATE OF NEW YORK V. DEPARTMENT OF COMMERCE 1989 (YEAR 1990 CENSUS)

  • Articles in a 2009 Population Studies center journal detail the lawsuit that New York (plaintiff) filed against the Department of Commerce on charges of population miscount.
  • The case "State of New York v. Department of Commerce 1989" is published in the archived court decisions record of the Michigan Population Studies Center.
  • The case was about the wrong data/under-count in the Census of 1990.
  • The result of the case was a court order to the Department of Commerce to "prepare for adjusting for undercount."
  • We have included this case due study due to limited information publicly available information on recent lawsuits filed against the Department of Commerce on charges of population miscount. We assumed that litigations pertaining census older than the 24-month credibility range is still credible because United States census is decennial and takes place every ten years.

2. U.S. DEPARTMENT OF COMMERCE V. NEW YORK (YEAR 2020 CENSUS)

  • Articles in a 2019 American Bar Association Journal detail the lawsuit that New York (plaintiff) filed against the Department of Commerce on charges of wrong population census data.
  • Without providing the case number, the American Bar Association Journal reveals a case titled "U.S. Department of Commerce v. New York."
  • The Supreme Court case is about alleged wrong citizenship data to planned to be included in the 2020 American census.
  • Parties to the plaintiff in the case reveal that the wrong citizenship data once added to the United States census will create an "election advantage for Republicans."
  • We have included this case due study due to limited publicly available information on lawsuits filed against the Department of Commerce on charges of population miscount.

METHODOLOGY

Our research team commenced by scouring through legal trade publications such as the American Lawyer (LAW) website, the Federal Lawyer, the Plaintiff Magazine, and the Asian Pacific American Justice website among other credible legal resources for precompiled information on recent wrongful data lawsuit or litigation activities where municipalities were suing the Department of Commerce for issues like population miscount. Unfortunately, there was no recently precompiled information uncovered concerning a lawsuit or litigation activities such as population miscount between a municipality and the Department of Commerce. Insights obtained by researching through available publications of the American Lawyer revealed that a census case was recently added to the to April calendar. Other legal cases reported by the American Lawyer were behind paywalls and could not be accessed. Due to the limited availability of credible information on the topic, we considered reviewing resources older than the 24-month usual credibility range. This strategy uncovered no recent case filed by a municipality against the Department of Commerce on charges of population miscount.

Additional research through legal professional association websites like the American Bar Association Journal among other professional websites/journals failed to uncover precompiled information on wrongful data lawsuits or litigation activities where municipalities were suing the Department of Commerce for issues like population miscount. For another triangulation attempt, we researched through legal journals such as the Plaintiff Magazine, the American Bar Association Journal among other journals for published suit between a municipality/city vs. the Department of Commerce regarding data or census (including data yet to be collected). Insights obtained by investigating through the American Bar Association Journal/website revealed that there is a Supreme court case between the U.S. Department of Commerce v. New York. The legal case is about the plan to include a citizenship question to the census data that will be captured. The citizenship question arbitrarily violates the "Administrative Procedure Act." The article mentioned "data" three times. Although the suit was about future census/population data, we considered it helpful due to the limited availability of recent credible information on the topic. However, this strategy failed to uncover a recent case filed against the Department of Commerce by a municipality based on charges of population miscount.

We performed in-depth research through credible case collections/analysis websites such as the APA justice website, legal research articles published by the Population Studies Center among other legal case collection resources for precompiled information failed to uncover any recent litigation activities where municipalities were suing the Department of Commerce for wrongful data. Several of the listed legal cases had links to non-authoritative publications such as the Washington Post and were not credible. Insights obtained from a reliable but dated(2009) Population Studies Center (PSC) publication revealed the following cases:
State of New York v. Department of Commerce 1989
Governor Mario Cuomo v. Secretary of Commerce Malcolm Baldrige, and
Mayor Coleman Young v. Secretary of Commerce Phillip Klutznick 652.
We could not include the cases of Governor Mario Cuomo vs. the Secretary of Commerce, and Mayor Coleman Young vs. the Secretary of Commerce because they were not explicitly between a municipality and the Department of Commerce as evident from their titles. Several partners in the cases reported by the Population Studies Center failed to meet the definition of a municipality as defined by Merriam Webster. This strategy failed to uncover a recent case filed by a municipality/city against the Department of Commerce on charges of population miscount.

A researched through scholarly journals and academic literature such as the American Journal of Complete Law hosted by JSTOR among other legal/academic literature failed to uncover any case filed by a municipality against the Department of Commerce on charges of population miscount. Research for the number of disagreements on historical census under-counts as a final triangulation attempt failed to uncover sufficient details of any case filed by a municipality against the Department of Commerce on charges of population miscount. Insights obtained by researching through JSTOR revealed that there are only three sources of information regarding under-counts in the 19th century United States census data. Additional details published by the Cambridge University Press were behind a JSTOR paywall and not available to the public. This strategy also failed to uncover a recent case filed by a municipality/city against the Department of Commerce on charges of population miscount.

We also researched through expert interviews, expert reviews, court judgment analysis and other resources such as historically under-counted court judgments published by the Yale Law School among other resources failed to uncover any recent case filed by a municipality against the Department of Commerce on charges of population miscount. Insights obtained from the Yale Law School under-counted court judgments/ongoing litigation were between the Department of Commerce and entities that did not qualify to be called municipalities. We could not uncover any recent case filed by a municipality/city against the Department of Commerce on charges of population miscount.

Finally, we researched through the American Super Lawyers database for lawyers that have had outstanding performance in public cases. Our attempt to triangulate by studying for exceptional legal cases involving municipalities and the Department of Commerce and covered by American Super Lawyers failed to uncover any useful insight. The legal cases reported through this strategy had no report on matters (joinders) between municipalities and the Department of Commerce as speculated. Due to an insufficient amount of information available to the public, we have reported on two cases — one based on past data and one based on future data. This strategy also failed to uncover any court case filed by a municipality against the Department of Commerce on charges of population miscount. We have included two helpful/significant findings although they fail short of being recent lawsuits filed against the Department of Commerce on charges of population miscount.

Sources
Sources