Federal Court Dismisses Alabama Challenge to Including Illegal Immigrants in Apportionment Results

By EditorMay 04, 2021
On Monday, a federal district court in Alabama dismissed a lawsuit challenging the U.S. Census Bureau's practice of including the "whole number of persons in each state" in the census counts for apportionment. The state of Alabama had filed the challenge to block the inclusion of unlawful immigrants in the apportionment count, but the recently announced apportionment results played a role in the case dismissal. According to Alabama, the Final "2020 Census Residence Criteria and Residence Situations Rule" promulgated by the U.S. Census Bureau on February 8, 2018, provides that foreign nationals living in the U.S. will be counted in…
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16 States Join in Alabama’s Challenge to the Census Bureau’s Data Privacy Program

By EditorApr 14, 2021
On Monday, 16 states joined Alabama in deriding the U.S. Census Bureau's newly adapted data privacy policy (aka differential privacy) which uses statistical algorithms to distort raw census data before it is released to states and the public. The states who jointly filed as amici in Alabama's lawsuit against the Bureau are Alaska, Arkansas, Florida, Kentucky, Louisiana, Maine, Mississippi, Montana, Nebraska, New Mexico, Ohio, Oklahoma, South Carolina, Texas, West Virginia, and Utah. The amicus brief filed on behalf of these states lists three "major harms" caused by differential privacy. 1) local redistricting cannot be conducted with any reasonable accuracy; 2)…
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Update: Alabama Court Grants 3-Judge Panel in Census Lawsuit

Update: Alabama Court Grants 3-Judge Panel in Census Lawsuit

By EditorMar 29, 2021
An Alabama federal district court granted a Mar 8 request for a 3-judge panel by plaintiffs to consider the differential privacy claims raised in a lawsuit filed by the state of Alabama against the U.S. Census Bureau. Federal statute allows a plaintiff to request a 3-judge panel to consider any case involving the use of any statistical method used in the decennial U.S. census in possible violation of the Constitution or other provision of law. This development ensures a fast-track to the U.S. Supreme Court should one of the parties appeal the panel's decision. Read the court's order. In granting…
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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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U.S. Supreme Court: Shelby County Cannot Recoup Attorney Fees for Winning Landmark Voting Rights Case

U.S. Supreme Court: Shelby County Cannot Recoup Attorney Fees for Winning Landmark Voting Rights Case

By EditorJan 25, 2016
Today the U.S. Supreme Court rejected an appeal by Shelby County, Alabama. It means that Shelby is stuck with the $2 million bill for winning its landmark case against the Voting Rights Act. It had filed a petition to recover its attorneys fees, which is allowed under the Act but a lower court denied the claim and the Supreme Court agreed. The lower court ruled on the basis that the litigation did not advance the law's anti-discriminatory purpose. Read the NYT article here.
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Supreme Court Looks Past Weak Pleadings to Find Potential Racial Gerrymander in Alabama Map

Supreme Court Looks Past Weak Pleadings to Find Potential Racial Gerrymander in Alabama Map

By EditorApr 14, 2015
The Supreme Court’s recent opinion remanding a challenge by Black state officials to the 2012 Alabama Legislative district map back to a federal district court is relatively short for a majority opinion but chock full of legal nuggets as the justices’ focused on several bases for returning this case back to a lower court to reconsider its ruling against the plaintiffs. In all, the decision discussed four distinct issues; two procedural and two substantive – it felt the lower court bungled. If we had to explain the four corners of the Alabama opinion in one sentence it would be; The…
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Supreme Court May Resurrect Alabama Legislative Black Caucus’ Equal Population Claims

Supreme Court May Resurrect Alabama Legislative Black Caucus’ Equal Population Claims

By EditorMar 02, 2015
The Alabama Legislative Black Caucus' Supreme Court Case was late last year, and focused on whether that state's 2012 legislative redistricting plan was an unconstitutional racial gerrymander. Interestingly, there was a second question presented in the case at the district court level: "whether the 2012 redistricting plans allocate control of local delegations in a manner which violates Equal Protection, effectively denying county residents equal voting rights." This "second" question is actually an equal population challenge, and is based on the redistricting maps' gratuitous breaching of county jurisdiction lines. In Alabama, it is local state legislative delegations that have most of…
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