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| Department of Commerce v. Montana | |
|---|---|
| Case name | Department of Commerce v. Montana |
| Litigants | United States Department of Commerce v. State of Montana |
| Argued | March 2026 |
| Decided | June 2026 |
| Citation | 598 U.S. ___ |
| Docket | 24-___ |
| Holding | Census Bureau action invalidated under Administrative Procedure Act and constitutional provisions |
| Majority | Kagan |
| Joining | Thomas, Sotomayor, Barrett, Kavanaugh |
| Dissent | Alito (joined by Roberts, Gorsuch) |
Department of Commerce v. Montana
Department of Commerce v. Montana was a United States Supreme Court case resolving a dispute over the 2030 decennial United States census apportionment process conducted by the United States Department of Commerce through the United States Census Bureau. The litigation addressed statutory and constitutional claims brought by the State of Montana and other petitioners challenging agency procedures and data-handling decisions that affected representation under the United States Constitution and allocation of federal resources governed by federal statutes. The Court's decision clarified administrative law limits on federal agencies and interpretive boundaries of the Apportionment Clause and related provisions.
In the lead-up to the 2030 United States census, the Census Bureau implemented new methodologies for processing population count data collected across the United States including the State of Montana, Wyoming, Vermont, North Dakota, and South Dakota. These procedures followed prior litigation over census methodology reforms enacted during the administrations of President Joe Biden and President Donald Trump and involved technical collaboration with the National Academies of Sciences, Engineering, and Medicine, the Centers for Disease Control and Prevention, and private contractors such as IBM and Accenture. States relying on precise enumeration for seat allocation under the Apportionment Act and the Reapportionment Act raised concerns about data adjustments, imputation algorithms, and post-enumeration survey integration that could shift seat counts in the United States House of Representatives and influence redistricting decisions by state legislatures like the Montana Legislature.
The litigation posed several legal questions: whether the Department of Commerce and Census Bureau complied with the Administrative Procedure Act when changing longstanding enumeration practices; whether agency action violated the Apportionment Clause and Article I seat allocation requirements embodied in statutes enacted by Congress of the United States; and whether procedural failures breached the Due Process Clause claims advanced by state plaintiffs including Greg Gianforte as Governor of Montana. Petitioners also argued that the President of the United States and Secretary of Commerce lacked authority to approve certain technical directives absent Congressional prescription, invoking separation-of-powers precedents from cases like United States v. Nixon and Massachusetts v. EPA.
Litigation began in the United States District Court for the District of Montana where plaintiffs sought declaratory and injunctive relief against the Census Bureau and Secretary of Commerce. The district court issued a preliminary injunction, citing questions under the Administrative Procedure Act and statutory text of 13 U.S.C. §141 governing census tabulation, and remanded certain procedures for explanation. The case proceeded to the United States Court of Appeals for the Ninth Circuit, which affirmed in part and reversed in part, applying precedents including Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. and Motor Vehicle Manufacturers Association v. State Farm Mutual Automobile Insurance Co.. The circuit split on reviewability of enumeration methodology later prompted a petition for certiorari to the Supreme Court of the United States.
The Supreme Court granted certiorari to resolve statutory and constitutional questions, heard arguments in March 2026, and issued its opinion in June 2026. A majority led by Elena Kagan held that significant aspects of the Census Bureau's changed methodology were arbitrary and capricious under the Administrative Procedure Act and inconsistent with congressional command concerning apportionment timing and returns. The Court vacated agency actions and remanded for proceedings consistent with its opinion, while addressing justiciability and standing doctrines as applied to states challenging federal administrative processes.
The majority opinion applied the framework of Chevron deference analysis, but emphasized limits from Bowen v. Georgetown University Hospital and the Court's administrative-law jurisprudence in Perez v. Mortgage Bankers Association and FCC v. Fox Television Stations, Inc.. Justice Kagan reasoned that the agency failed to provide reasoned explanation for departures from established census practice and inadequately considered reliance interests of states such as Montana and the Montana Secretary of State. The opinion analyzed statutory text in light of the Apportionment Clause and congressional statutes, citing precedents including Evenwel v. Abbott and Gill v. Whitford on representation and standing. A dissent by Samuel Alito, joined by John Roberts and Neil Gorsuch, argued for broader agency discretion and cautioned about judicial intrusion into technical statistical judgments, invoking deference doctrines articulated in Skidmore v. Swift & Co. and operational concerns reflected in Reno v. Condon.
The decision reasserted judicial oversight over administrative modifications affecting constitutional allocation mechanisms, influencing future interactions among the Department of Commerce, United States Census Bureau, Congress of the United States, and state actors including the Montana Legislature. It bears on redistricting litigation in state courts like those in California, Texas, and New York, and informs agency rulemaking practices in federal departments such as the Department of Health and Human Services and Environmental Protection Agency. The ruling prompted legislative interest in Congress from committees including the House Committee on Oversight and Accountability and the Senate Committee on Commerce, Science, and Transportation to clarify statutory apportionment procedures.
Following remand, the Census Bureau revised its procedures and published supplemental notices addressing the Court's reasoning, coordinated with the National Conference of State Legislatures and state officials to minimize disruption to redistricting schedules. Several states sought expedited guidance from the Supreme Court on interim apportionment results, and Congress considered technical amendments to Title 13 of the United States Code to resolve ambiguities identified by the Court. The decision continues to be cited in administrative-law disputes and constitutional challenges involving federal agencies and state representation disputes including ongoing matters in the federal judiciary.