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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Federal Judge Orders Census Count to Continue Through Oct 31

By EditorSep 25, 2020
A U.S. District Judge in the Northern District of California has issued a preliminary injunction that enjoins the U.S. Census Bureau from ending its counting operations on September 30. The order explains that the coalition of plaintiffs - headed by the National Urban League - are likely to succeed in the lawsuit and that shortening the timeframes for data collection and processing by half, necessitate the preliminary injunction. The administration is expected to appeal. Read the order here. While the Census Bureau had originally requested Congress to extend the statutory deadlines for apportionment data delivery to the President and redistricting…
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Restraining Order Halting Census Wind-down Operation is Extended by Judge

By EditorSep 21, 2020
On Thursday, a federal district court judge extended a temporary restraining order barring the Census Bureau from wrapping up its counting operations in order to deliver census results on its statutory time schedule. The plaintiffs in the case are asking the court to compel the Bureau to take more time to complete the nationwide count since it was delayed earlier this Spring due to Covid-19. Listen below to NPR's quick update on how and why this happened. NPR Morning Edition - Court Order Keeps Census In Limbo As Counting End Date Looms 9-17-20 In March, the Bureau had requested an…
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The Supreme Court’s Less Than Graceful Exit from the Thicket

By Michelle DavisJun 27, 2019
The long-awaited partisan gerrymandering decision has come down from the nation's highest court. A 5-4 majority decided to exit the "political thicket" and leave the policing of political gerrymandered redistricting maps to the States, commissions, congress; anybody, except the nine of them. Below are brief excerpts (with explanation) from the both the majority opinion and a passionate dissent from Justice Kagan in the consolidated cases of Lamone v. Benisek, ET Al. (Maryland) and Rucho v. Common Cause, ET Al. (North Carolina). Read the entire case here. The Court: Partisan gerrymandering claims present political questions beyond the reach of the federal…
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Listen to Supreme Court Oral Argument in the Maryland Partisan Gerrymandering Case

Listen to Supreme Court Oral Argument in the Maryland Partisan Gerrymandering Case

By Michelle DavisApr 25, 2019
On March 26, the Supreme Court heard oral argument in Benesik v. Lamone, a partisan gerrymandering case from Maryland. Click here for background on this case and its companion case, Rucho v. Common Cause (North Carolina). For a pre oral symposium hosted by SCOTUSBlog, click here. Click here to listen to oral argument for Rucho v. Common Cause.
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Listen to Supreme Court Oral Arguments in the North Carolina Partisan Gerrymandering Case

Listen to Supreme Court Oral Arguments in the North Carolina Partisan Gerrymandering Case

By Michelle DavisApr 25, 2019
On March 26, the Supreme Court heard oral argument in Rucho v. Common Cause, a partisan gerrymandering case from North Carolina.Click here for background on this case and its companion case, Benesik v. Lamone (Maryland). For a pre oral symposium hosted by ScotusBlog, click here. Click here to listen to oral argument in its companion case, Benesik v. Lamone.
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SCOTUSblog Symposium in Anticipation of Oral Arguments in Partisan Gerrymandering Cases

By Michelle DavisFeb 25, 2019
. The Supreme Court will hear oral argument in two key partisan gerrymandering cases on March 26; one from Maryland (Benesik v. Lamone) and one from North Carolina (Rucho v. Common Cause). In preparation for these arguments, the editors at SCOTUSblog hosted this pre-argument symposium featuring a group of experts on redistricting law. Here is a quick summary of each contributor's essay. You can click to read each article in full. . Justin Levitt: Suggests that the unconstitutionality of excessive partisan gerrymandering follows from the fact that there is widespread agreement (in the legal community) that any State law that…
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Federal Court Rejects a Citizenship Question for the 2020 Census

Federal Court Rejects a Citizenship Question for the 2020 Census

By EditorJan 15, 2019
A New York federal district court has rejected the administration's bid to place a citizenship question on the upcoming 2020 census. The U.S. Department of Commerce, which is the main defendant in the lawsuit, will most likely appeal this decision but this just deepens the legal, financial and operational challenges that the Census Bureau must endure just under 15 months away from the 2020 census, the data from which, states and local governments will use to redraw electoral lines. NPR lists the possible effects that the current government shutdown and this lawsuit will have on census 2020 planning here. Read…
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Maryland’s Sixth District Ruled a Partisan Gerrymander by Federal District Court

Maryland’s Sixth District Ruled a Partisan Gerrymander by Federal District Court

By Michelle DavisNov 14, 2018
On November 7th, after managing a protracted series of procedural issues involving a lawsuit that was initially filed in 2013, a federal district court panel invalidated Maryland's 6th congressional district on grounds that it was an unconstitutional partisan gerrymander.  Maryland has until early March 2019 to enact a new congressional map or the court will create its own commission to do so. This case is notable since the court overturned the map on 1st amendment grounds instead of the 14th amendment, which until recently had been the basis for most if not all partisan gerrymandering challenges. (more…)
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Supreme Court Declines to Hear Pennsylvania Republican’s Congressional Map Appeal

By Michelle DavisNov 01, 2018
On Monday, the U.S. Supreme Court denied certiorari to Republican lawmakers in the Pennsylvania legislature after a January ruling by the Pa. State Supreme Court invalidating the congressional map enacted by the body in 2011.  (more…)
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