19-783 VAN BUREN V. UNITED STATES
DECISION BELOW: 940 F.3d 1192
CERT. GRANTED 4/20/2020
QUESTION PRESENTED:
Whether a person who is authorized to access information on a computer for
certain purposes violates Section 1030(a)(2) of the Computer Fraud and Abuse Act if he
accesses the same information for an improper purpose.
LOWER COURT CASE NUMBER: 18-12024
Tomorrow's Supreme Court Arguments
20-366 TRUMP V. NEW YORK
DECISION BELOW: 2020 WL 5422959
QUESTION PRESENTED:
Congress has provided that, for purposes of apportioning seats in the House of
Representatives, the President shall prepare “a statement showing the whole number of
persons in each State * * as ascertained under the * * decennial census of the
population.” 2 U.S.C. 2a(a). It has further provided that the Secretary of Commerce shall
take the decennial census “in such form and content as he may determine,” 13 U.S.C.
141(a), and shall tabulate the results in a report to the President, 13 U.S.C. 141(b). The
President has issued a Memorandum instructing the Secretary to include within that
report information enabling the President to implement a policy decision to exclude
illegal aliens from the base population number for apportionment “to the maximum
extent feasible and consistent with the discretion delegated to the executive branch.” 85
Fed. Reg. 44,679, 44,680 (July 23, 2020). At the behest of plaintiffs urging that the
exclusion of illegal aliens would unconstitutionally alter the apportionment and chill
some persons from participating in the census, a three-judge district court declared the
Memorandum unlawful and enjoined the Secretary from including the information in his
report. The questions presented are:
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Whether the relief entered satisfies the requirements of Article III of the Constitution.
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Whether the Memorandum is a permissible exercise of the President’s discretion
under the provisions of law governing congressional apportionment.
LOWER COURT CASE NUMBER: 20-CV-5770 (RCW) (PWH) (JMF)
FURTHER CONSIDERATION OF THE QUESTION OF JURISDICTION IS
POSTPONED TO THE HEARING OF THE CASE ON THE MERITS. THE CASE IS SET
FOR ARGUMENT ON MONDAY, NOVEMBER 30, 2020. EXPEDITED BRIEFING.
JURISDICTION POSTPONED 10/16/2020