Tag Archives: Overton Park

What Does the Future Hold for Administrative Records after Department of Commerce v. New York?, by Aram A. Gavoor

by Guest Blogger — Monday, Aug. 12, 2019

Building on Chris Walker’s excellent day-of analysis of the Supreme Court’s decision in Department of Commerce v. New York, I write to provide insight on the Court’s treatment of administrative records in that case and to preview an essay that Steven Platt and I authored that analyzes the decision on that score and predicts consequences […]

What the Census Case Means for Administrative Law: Harder Look Review?

by Christopher J. Walker — Thursday, June 27, 2019@chris_j_walker

Today the Supreme Court decided Department of Commerce v. New York, which was the challenge to Commerce Secretary Ross’s decision to include a citizenship question on the 2020 census questionnaire. The Court, in a 5-4 decision, ultimately agrees with the district court that Secretary Ross’s reason for his decision was pretextual and thus a remand […]