b'EVERYONE COUNTSOur society provides safety nets to keep us afloatprogramstheyadministerprogramssuchas through hard times. For vulnerable populations,the Childrens Health Insurance Program (CHIP), assistancefromgovernmentprogramsthatHeadStart,andtheSupplementalNutrition providefood,healthcare,unemploymentProgramforWomen,Infants,andChildrenThe Mintz team income, and other vital services can be a matter(WIC) that disproportionately and significantlydid an absolutely ofsurvival.Withoutadequatefunding,theseimpact the daily lives of low-income individuals, programscouldntserveallthepeoplewhocommunities of color, residents of rural areas,extraordinary job depend on them. Since that fundingalong withand immigrants.on this brief, under representation in the House of Representatives When the United States Supreme Court agreedimmense time isbasedondatafromthefederalcensus,to hear the Department of Commerces appeal, obtaininganaccurateheadcountiscritical.LawyersforCivilRights(LCR)askedMintzpressure. The brief That goal can only be achieved if we ensure thetodraftanamicus(friendofthecourt)briefmasterfully wove integrity of the census and its methods.supporting the New York courts decision.together arguments When US Secretary of Commerce Wilbur Ross,AttorneysYalondaHowze,ReenaThadhani, who oversees the Census Bureau, announced thatabout the rule of the 2020 census form would include a citizenshipMathildaMcGee-Tubb,andAmandaClairmont agreedtotackletheproject.Giventhetightlaw and government questionthathasntappearedonthenationstimeline necessitated by the printing of the 2020accountability, 10-year census since 1950, he said the resultingcensus, they had only two weeks to complete the datawouldhelptoenforcetheVotingRightsbriefincludingbrainstorming,researching,highlighting how Act. Democrats questioned Rosss rationale anddrafting, and editing. In a kickoff meeting, LCRcritical these cited studiesincluding research by the Censusand Mintz developed the briefs scope. While Bureauitselffindingthataskingrespondentsmost stakeholders writing briefs were focusingprinciples are to iftheyareUScitizenswoulddiscouragebothontheadverseconsequencesofincludingthedisadvantaged undocumentedandlegalimmigrantsfromcitizenshipquestion,LCRwantedtofocuson completing the form. That likelihood concernedcommunities. The organizationsthatserveandadvocateforthe administrations violation of the APA and the overarching need to enforce that law, Yalondavictory that the constituents who might be undercounted.said. It was Mintzs job to figure out how to makeMintz team helped In a legal challenge brought in the US Districtthat case.secure in the Court of the Southern District of New York, theAmandawasthefirsttocarrythebaton.She StateofNew YorkchallengedtheinclusionofdevotedaweektoresearchingtheintricaciesSupreme Court thecitizenshipquestiononthecensus.Theof the APAwading through case law to identifywill ensure a courtruledinNewYorksfavor,concludingrelevantprecedents,makingsenseoftheir that the inclusion of the question would resultcomplexlegalarguments,andsummarizingfair and accurate inalossofpoliticalpowerandunderfundingherfindings.Mathildathentooktheleadincensus, in which ofvitalservicesforsomeofthestatesmostauthoring the brief. Yalonda and Reena providedeveryone counts.vulnerable populations. feedback on the comprehensive draft, resulting Specifically, the court ruled that the Departmentin a brief that makes complex legal argumentsOREN SELLSTROMof Commerces action violated the Administrativeremarkably tangible.Litigation Director ProcedureAct(APA),whichrequiresexecutiveLawyers for Civil RightsbranchagenciestobetransparentinThe brief focused on Congresss intent in passing theirdecision-makingandtoconsiderthethe APAin part, to ensure that agency decisions consequences of their policies and rules on theare evidence-based and justifiableand argued PERSPECTIVES // Mintz Pro Bono Journal 5'