Alabama Sues Over Census Data Delay and Differential Privacy

By EditorMar 11, 2021
The state of Alabama becomes the second state (after Ohio) to sue over delayed census redistricting data. The lawsuit also challenges the Census Bureau's use of differential privacy on census results, which uses an algorithm to change some of the actual reported data. Delayed Census Data The complaint filed in federal district court in Alabama on Wednesday, claims the Bureau's decision to delay data delivery until Sept. 30 and its decision to deliver the data to all 50 states simultaneously, was beyond its authority. The Bureau announced on Feb 12 that it would not meet its statutory deadline and would…
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New York State Officials Sued Over Funding for Redistricting Commission

New York State Officials Sued Over Funding for Redistricting Commission

By EditorMar 09, 2021
The controversy over funding of the New York Redistricting Commission has come to a head as two individuals sue the governor and other state officials over the impasse. One plaintiff is a former candidate for the state legislature and the other, a member of the commission itself. They challenge the decision to provide funding for the commission through a third-party organization as opposed to a direct appropriation, which they claim is required by the state constitutional provision establishing the commission. This is the latest in a months-long saga for the commission that began when funds were not appropriated to the…
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Ohio Fires First Salvo in Court Over Delayed Census Redistricting Data

By EditorMar 01, 2021
On Thursday, Ohio became the first state to sue the U.S. Census Bureau over late redistricting data. After the Bureau announced it would delay the release of the data on the statutory deadline of March 31, postponing release to Sept 30, the Ohio Attorney General filed suit in federal district court to request data delivery for Ohio either on the statutory date or on the earliest date possible. The complaint challenges the decision of the Census Bureau to delay data delivery to the States due to processing delays caused by Covid-19 and its focus on delivering apportionment data to the…
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Minnesota Lawsuit Asks Court to Get a Jump on State Redistricting

By EditorMar 01, 2021
The delayed census redistricting data delivery schedule has put many states in a bind as they run up against state constitutional and statutory deadlines for redistricting. In Minnesota, the deadline for drawing a congressional map is in February of 2022, but the state has a decades-long history of not accomplishing the task. A new lawsuit filed in state court seeks to get ahead of the problem. According to the lawsuit filed on the 19th, the situation is dire. Population projections indicate that the state may lose a congressional seat in the upcoming apportionment scheduled to be released later this Spring.…
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U.S. Supreme Court Decides Not to Decide Illegal Immigrant Apportionment Case

By EditorDec 18, 2020
The U.S. Supreme Court ruled this week that the White House request to the Census Bureau to modify the population count to exclude undocumented immigrants was not ripe. The per curiam opinion explained that it was premature to resolve the issue of whether the order was constitutional since there were no apportionment numbers available at the time of the oral argument and there was no certainty how the Bureau would implement the memorandum. The wording of the memorandum ordering the Census Bureau to modify the population count gave considerable latitude to officials regarding how and to what extent it would…
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Listen: Supreme Court Oral Argument in Trump Apportionment / Citizenship Case

By EditorDec 01, 2020
On Monday the U.S. Supreme Court heard oral argument in Trump v. New York. This case challenged an executive memo directing the Census Bureau to report official congressional apportionment data so that it excludes the count of non-citizens. For an in-depth analysis of the arguments, read SCOTUSBlog.com's report. Most expert observers say the court seemed preoccupied with the "ripeness" of the issue, or in layman's parlance - whether or not the administration has done anything yet that could possibly violate a statute or the constitution. Listen to the audio below. https://youtu.be/ePChyVCpI6A
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CA Federal Court Panel Invalidates Presidential Order to Exclude “Illegal Aliens” from Apportionment Count

By EditorOct 26, 2020
On Thursday (Oct. 22) a three-judge panel of the U.S. District Court for the Northern District of California (San Jose Division) issued a final order and opinion invalidating the president's July memorandum that ordered census apportionment numbers exclude undocumented immigrants. A copy of the opinion is here. A federal district court in New York was the first to invalidate the July memorandum in September. That case has been scheduled for oral argument before the Supreme Court on November 30th. The San Jose court declared the presidential memorandum a "violation of the Apportionment and Enumeration Clauses of Article I, Section 2…
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Supreme Court Schedules November Oral Argument in Undocumented Immigrant Apportionment Case

By EditorOct 19, 2020
On Friday, the Supreme Court announced it would expedite an appeal by the Trump administration after a lower district court halted the administration’s plan to exclude people who are in the country illegally from the official apportionment count numbers used in allocating seats in the House of Representatives. Read a synopsis below. Oral arguments are scheduled for November 30, just one month before the statutory deadline for delivering the apportionment numbers to the president.It is not clear if the Census Bureau will be able to meet the December 31 deadline for delivering apportionment numbers, nor is it clear how it…
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Supreme Court Stays Lower Court Restraining Order, Allows Census Counting to End Early

By EditorOct 14, 2020
On Sept. 24th the U.S. District Court of the Northern District of California issued a preliminary injunction that enjoined the U.S. Census Bureau from ending its counting operations on September 30, extending the time to Oct 31. The Supreme Court issued a stay of this order last Tuesday allowing for census counting to end on Oct. 15. The order included a lone dissent from Justice Sotomayer noting " the government has not satisfied its “especially heavy burden to justify a stay pending appeal of the lower court’s injunction." Read coverage on CNN, NYT, CNBC, and Politico.
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Federal Judge Reprimands Census Bureau for Violating its Restraining Order

Federal Judge Reprimands Census Bureau for Violating its Restraining Order

By EditorOct 05, 2020
On Sept. 24th the U.S. District Court of the Northern District of California issued a preliminary injunction that enjoins the U.S. Census Bureau from ending its counting operations on September 30, extending the time to Oct 31. On the afternoon of Sept. 28th, despite that court order, the Census Bureau tweeted (see below) that it would be ending field operations on Oct. 5th. Chaos ensued. In a new order issued by the district court on Oct 1, the court clarifies its original order and reprimands administration officials for " further undermining trust in the Bureau and its partners, sowing more…
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