Federal Court Rejects Alabama’s Census Lawsuit

An Alabama federal district court has rejected the State of Alabama’s lawsuit requesting that the U.S. Census Bureau refrain from using the differential privacy method to modify individual census responses and move up the release of census data. Read the opinion here. The case in all likelihood will be appealed directly to the U.S. Supreme Court.

The court writes:

“On March 10, 2021, the State of Alabama, Congressman Robert Aderholt, and two Alabama voters (collectively, “Plaintiffs”) brought this suit against the U.S. Department of Commerce (“the Department”), the U.S. Bureau of the Census (“the Bureau”), and certain federal officials (collectively, “Defendants”). Plaintiffs requested a
preliminary injunction against the Bureau’s plan to use “differential privacy,” a method of disclosure avoidance, in the processing of 2020 Census data, on the grounds that it violates the Census Act, see 13 U.S.C. § 1 et seq., the Administrative Procedure Act (“APA”), see 5 U.S.C. § 706, and the Individual Plaintiffs’ due process and equal protection rights under the Fifth Amendment. Plaintiffs also sought a writ of mandamus from this court directing Defendants to provide census data to the State of Alabama by March 31, 2021 or as soon as equitably possible thereafter.

After the benefit of oral argument, the court concludes that Plaintiffs’ motion for a preliminary injunction and petition for writ of mandamus are due to be DENIED.”

 

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