Fact Checker: The Four-Pinocchio claim at the center of the census citizenship question
By Salvador Rizzo Salvador Rizzo Reporter for The Fact Checker Email Bio Follow April 22 at 3:00 AM The Trump administration’s move to add a citizenship question to the 2020 Census is coming up for oral argument at the Supreme Court on Tuesday. That means the justices could be weighing a Four-Pinocchio claim by Commerce Secretary Wilbur Ross.
Three federal judges, in California, Maryland and New York, have called Ross’s stated reason for adding the question a “pretext” and concluded that he violated federal law by concealing the question’s origins. “In sum, the evidence in the Administrative Record and the trial record, considered separately or together, establishes that the sole rationale Secretary Ross articulated for his decision — that a citizenship question is needed to enhance DOJ’s VRA enforcement efforts — was pretextual,” Furman wrote. “Because Secretary Ross’s stated rationale was not his actual rationale, he did not comply with the APA’s requirement that he ‘disclose the basis of [his]’ decision.
Experts say the ACS data is reliable for voting rights cases and updated once a year. The census is carried out once a decade. Joseph R. Fishkin, a law professor at the University of Texas, previously told The Fact Checker that the “ACS data has not interfered at all with the DOJ’s ability to enforce Section 2 of the VRA.”
In an amicus brief to the Supreme Court, five former Census Bureau directors who served in Democratic and Republican administrations said that “the citizenship question should not be included in the 2020 Census.”
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