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Documents and First Set of Interrogatories to Defendants United States Department of Commerce and Wilbur Ross (Aug

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Documents and First Set of Interrogatories to Defendants United States Department of Commerce and Wilbur Ross (Aug No. 18-557 In the Supreme Court of the United States DEPARTMENT OF COMMERCE, ET AL., PETITIONERS v. UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT JOINT APPENDIX NOEL J. FRANCISCO BARBARA DALE UNDERWOOD Solicitor General Office of the Attorney General Department of Justice 28 Liberty Street Washington, D.C. 20530-0001 New York, NY 10005-1400 [email protected] [email protected] (202) 514-2217 212-416-8016 JOHN ARAK FREEDMAN Arnold & Porter Kaye Scholer, LLP 601 Mass. Ave., NW Washington, DC 20001 John.Freedman@ arnoldporter.com 202-942-5316 Counsels of Record Counsel of Record for Petitioners for Respondents PETITION FOR A WRIT OF CERTIORARI FILED: OCT. 29, 2018 CERTIORARI GRANTED: NOV. 16, 2018 TABLE OF CONTENTS Page Court of appeals docket entries (18-2652) ............................ 1 Court of appeals docket entries (18-2659)............................. 6 Court of appeals docket entries (18-2856)........................... 10 Court of appeals docket entries (18-2857)........................... 19 District court docket entries (1:18-cv-2921) ........................ 23 District court docket entries (1:18-cv-5025) ........................ 64 Letter from Arthur Gary to Kelly Welsh (June 25, 2014) (A.R. 278-283) ........................................... 84 Department of Justice Civil Rights Division requirements for American Community Survey data (A.R. 280-283) ............................................................. 87 Letter from Arthur Gary to John Thompson (Nov. 4, 2016) (A.R. 311) .................................................... 91 Department of Justice Civil Rights Division requirements for American Community Survey data (A.R. 312-315) ............................................................. 93 Email from Earl Comstock to Wilbur Ross (Mar. 10, 2017) (A.R. 2521-2523) .......................................... 97 Email from Brooke Alexander to Hilary Geary (Apr. 5, 2017) (A.R. 2561) ................................................. 103 Email from Brooke Alexander to Earl Comstock (Apr. 20, 2017) (A.R. 3694) ............................................... 104 Emails between Wilbur Ross, Wendy Teramoto, et al. (May 2, 2017) (A.R. 3699) ........................................ 105 Email from Earl Comstock to Wilbur Ross (May 2, 2017) (A.R. 3710) ................................................. 107 Email from Earl Comstock to Eric Branstad (May 4, 2017) (A.R. 3701) ................................................. 108 Email from David Langdon to Earl Comstock and Ellen Herbst (May 24, 2017) (A.R. 12465) ..................... 110 (I) II Table of Contents—Continued: Page Emails between Kris Kobach and Wendy Teramoto (July 24, 2017) (A.R. 763-764) ......................................... 111 Emails between Wilbur Ross and Earl Comstock (Aug. 10, 2017) (A.R. 12476) ............................................. 114 Emails between Earl Comstock, Wendy Teramoto, and Wilbur Ross (Aug. 16, 2017) (A.R. 2461) ................. 116 Emails between Sahra Park-Su, Earl Comstock, et al. (Aug. 29, 2017) (A.R. 2429-2430) ............................ 118 Emails between Earl Comstock and Wilbur Ross (Sept. 1, 2017) (A.R. 2591-2620) ....................................... 121 Emails between James Uthmeier and Earl Comstock (Sept. 7, 2017) (A.R. 2034) ................................................ 124 Email from James Uthmeier to Peter Davidson, Karen Kelley, and Israel Hernandez (Sept. 4, 2017) (A.R. 2056) ................................................ 125 Emails between Earl Comstock, James Uthemeier, and Peter Davidson (Sept. 7, 2017) (A.R. 2395-2396) ..... 126 Email from Earl Comstock to Wilbur Ross (Sept. 8, 2017) (A.R. 12756) .............................................. 128 Emails between John Gore, Macie Leach, and Wendy Teramoto (Sept. 13, 2017) (A.R. 2628-2629) ..... 129 Emails between Earl Comstock, Wendy Teramoto, and Wilbur Ross (Sept. 16, 2017) (A.R. 12755) .............. 131 Emails between Danielle Cutrona, John Gore, and Wendy Teramoto (Sept. 16, 2017) (A.R. 2657-2658) ..... 133 Emails between Danielle Cutrona, John Gore, and Wendy Teramoto (Sept. 17, 2017) (A.R. 2653-2654) ..... 135 Email from Wendy Teramoto to John Gore (Sept. 18, 2017) (A.R. 2636) .............................................. 138 Email from Wilbur Ross to Peter Davidson (Sept. 19, 2017) (A.R. 2528) .............................................. 140 III Table of Contents—Continued: Page Memorandum from the Center for Survey Meas- urement (CSM) to the Associate Directorate for Research and Methodology (ADRM) (Sept. 20, 2017) .................................................................. 141 Email from Wilbur Ross to Peter Davidson (Oct. 8, 2017) (A.R. 2527) ..................................................... 154 Emails between Peter Davidson, Wilbur Ross, et al. (Oct. 8, 2017) (A.R. 2482) ............................................ 155 Email from John Gore to Arthur Gary (Nov. 3, 2017) (A.R. 2738)..................................................... 157 Emails between John Gore, Chris Herren, et al. (Nov. 3, 2017) (A.R. 3740) ........................................... 158 Email from Barbara Murnane to Peter Davidson (Nov. 27, 2017) (A.R. 2496)................................................... 159 Emails between Peter Davidson and Wilbur Ross (Nov. 28, 2017) (A.R. 11193) ................................................ 160 Email from Arthur Gary to John Gore (Dec. 12, 2017) ........................................................................ 161 Letter from Arthur Gary to Ron Jarmin (Dec. 12, 2017) ................................................................... 162 Emails between Ben Page and Ron Jarmin, et al. (Dec. 20, 2017) (A.R. 1194-1196) ........................................ 168 Emails between Ron Jarmin and Arthur Gary (Jan. 3, 2018) (A.R. 5489-5491) ............................................ 173 Memorandum from John M. Abowd to Wilbur Ross, Jr. (Jan. 19, 2018) (A.R. 1277-1285) ........................... 180 Email from James Uthmeier to David Langdon (Jan. 3, 2018) (A.R. 12477) ............................................... 199 Questions on the Jan 19 draft Census memo on the DOJ citizenship question reinstatement request (A.R. 1843-1854) ................................................................ 200 Emails between Earl Comstock and Enrique Lamas (Jan. 30, 2018) (A.R. 12489) ................................................ 224 IV Table of Contents—Continued: Page Email from Enrique Lamas to Ron Jarmin (Jan. 31, 2018) (A.R. 9217) ................................................... 226 Email from Ron Jarmin to Karen Kelley (Feb. 6, 2018) (A.R. 3460) ................................................. 227 Emails between Ron Jarmin, John Maron Abowd, and Michael Berning (Feb. 13, 2018) (A.R. 9441-9442) ....... 228 Email from Ron Jarmin to Christa Jones (Feb. 14, 2018) (A.R. 8325-8328) ......................................... 231 Email from Ron Jarmin to B. Robinson, Melisa Creech, and Enrique Lamas (A.R. 9074)........................... 235 Memorandum from John M. Abowd to Wilbur Ross, Jr. (Mar. 1, 2018) (A.R. 1308-1312) ............................... 236 District court opinion and order (Sept. 7, 2018) ................ 245 District court memorandum opinion and order (Sept. 30, 2018) .................................................................. 259 Court of appeals order (Oct. 9, 2018) ................................. 262 Letter from Steven Wu to Catherine O’Hagan Wolfe (Oct. 6, 2018) ...................................................................... 264 Commerce Secretary is told to testify on census count, The New York Times (Nov. 13, 1980) ................. 266 Judge summons Commerce Secretary to give deposition, The Associated Press (Nov. 12, 1980) .......... 270 Defendants’ objections and responses to plaintiffs’ first set of requests for expedited production of documents and first set of interrogatories to defendants United States Department of Commerce and Wilbur Ross (Aug. 30, 2018) ................. 272 Defendants’ supplemental responses to plaintiffs’ first set of interrogatories to defendants United States Department of Commerce and Wilbur Ross (Aug. 30, 2018) ................................................................... 278 V Table of Contents—Continued: Page Defendants’ second supplemental responses to plaintiffs’ first set of interrogatories to defendants United States Department of Commerce and Wilbur Ross (Oct. 11, 2018) ............................................. 284 District court amended opinion and order (Nov. 5, 2018) ..................................................................... 290 District court memorandum opinion and order (Nov. 20, 2018) ................................................................... 311 E-mail from James Treat re: notes from the meeting with the Secretary (Feb. 13, 2018) (A.R. 9450) .............. 319 Summary of conversation between Secretary Ross and Christine Pierce, SVP of Data Science, Nielsen (A.R. 1276) ......................................................................... 321 Excerpts from deposition of Earl Comstock (Aug. 30, 2018) ................................................................... 324 Excerpts from deposition of John Gore (Oct. 26, 2018) .................................................................... 373 Excerpts from deposition of Wendy Teramoto (Aug. 24, 2018) ..................................................................
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