December Redistricting Update

December Redistricting Update

December was all about the apportionment numbers when it comes to redistricting news. Let's get you up-to-date. White House Memo on Excluding “Aliens” from the Official Apportionment Count The U.S. Supreme Court heard oral argument in Trump v. New York on Nov. 30 pursuant to an expedited schedule given that the U.S. Census Bureau had a Dec 31 statutory deadline to report the official state population counts to be used for apportioning U.S. House seats among the states. Just before Christmas, the court released a per curiam opinion declining to decide the issue on technical grounds. The issue being whether…
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U.S. Supreme Court Decides Not to Decide Illegal Immigrant Apportionment Case

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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Monthly Redistricting Update: November 2020

Monthly Redistricting Update: November 2020

The U.S. Census Bureau was the main focus for redistricting news in November and it did not disappoint. The Bureau casually and cryptically announced an unspecified delay in its post-processing of census data due to "processing anomalies;" a major development considering the outgoing Trump administration is relying on timely delivery of apportionment numbers. The Bureau's census data was also at the heart of oral arguments before the U.S. Supreme Court on Nov. 30. Read the updates below. News Census Bureau Director Says “Processing Anomalies” will Delay Census Data Release Schedule (Privacy) Invariants Set for 2020 Census Data Products Listen: Supreme…
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(Privacy) Invariants Set for 2020 Census Data Products

(Privacy) Invariants Set for 2020 Census Data Products

The U.S. Census Bureau has determined the specific files within the redistricting data release that will not be altered for privacy purposes. Or in other words, which files will have 100% true totals. They are Total state population, total housing units by census block, and group facilities by census block. For more on the Bureau's disclosure avoidance (differential privacy) program, click here. Read the entire announcement below for additional details. Invariants Set for 2020 Census Data ProductsOn November 24th, the Census Bureau’s Data Stewardship Executive Policy Committee (DSEP) finalized the list of “invariants” for the first set of 2020 Census…
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Census Bureau Director Says “Processing Anomalies” will Delay Census Data Release Schedule

Census Bureau Director Says “Processing Anomalies” will Delay Census Data Release Schedule

On November 19th the Director of the U.S. Census Bureau released a short statement acknowledging "certain processing anomalies" in the decennial census data collected earlier this year. While the director did point out that "processing anomalies" have been encountered in previous censuses, no further detail was given to put the current anomalies in context. According to the New York Times, the new deadline for delivering congressional apportionment data to the president is on or about January 26. The statutory deadline is Dec. 31. Just what is a "processing anomaly"? An answer is difficult to come by from the Bureau, but…
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Monthly Redistricting Update: October 2020

Monthly Redistricting Update: October 2020

Its November 1st and here is what happened on the redistricting front in October. The big news is still the litigation surrounding census operations and how the data will be presented. The Supreme Court made two decisive moves in October; first, it overruled a lower CA federal court to allow the Census Bureau to stop counting operations early; Second, it has agreed to hear oral arguments in the lawsuit over how the apportionment numbers will be tallied. Since the last update, the court has gained a ninth member, upping the unpredictability factor. Miss any of this? Read the updates below.…
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CA Federal Court Panel Invalidates Presidential Order to Exclude “Illegal Aliens” from Apportionment Count

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

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

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

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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