Editing Stephen Breyer (section)

===Census===
In ''[[Department of Commerce v. New York]]'' (2019), Breyer was in the 5–4 majority that ruled that the Census Bureau had not followed proper procedure in its implementation of a citizenship question. He was also one of four justices who would have held the citizenship question unconstitutional in itself. In a mostly concurring opinion, he wrote: "Yet the decision was ill considered in a number of critically important respects. The Secretary did not give adequate consideration to issues that should have been central to his judgment, such as the high likelihood of an undercount, the low likelihood that a question would yield more accurate citizenship data, and the apparent lack of any need for more accurate citizenship data to begin with. The Secretary's failures in considering those critical issues make his decision unreasonable".<ref>{{Cite web |date=June 27, 2019 |title=Department of Commerce v. New York |url=https://www.supremecourt.gov/opinions/18pdf/18-966_bq7c.pdf |url-status=live |archive-url=https://web.archive.org/web/20200823075819/https://www.supremecourt.gov/opinions/18pdf/18-966_bq7c.pdf |archive-date=August 23, 2020 |access-date=May 22, 2021 |website=supremecourt.gov}}</ref>

On December 18, 2020, Breyer was one of three dissenters in ''[[Trump v. New York]]''. In a 20-page dissent, he argued that the Court should not have sidestepped the case and should have ruled in favor of the challengers, who wanted the Court to block the Trump administration's last-minute attempts to exclude undocumented immigrants from the census.<ref>{{Cite web |date=December 18, 2020 |title=Trump v. New York |url=https://www.supremecourt.gov/opinions/20pdf/20-366_7647.pdf |url-status=live |archive-url=https://web.archive.org/web/20210428190828/https://www.supremecourt.gov/opinions/20pdf/20-366_7647.pdf |archive-date=April 28, 2021 |access-date=May 22, 2021 |website=supremecourt.gov}}</ref> The census ultimately did not exclude undocumented immigrants, due to a lack of time and the subsequent issuance of [[Executive Order 13986]].