Ohio’s Lawsuit Over Census Data Delay is Dismissed by Federal Court

Earlier today, the U.S. District Court for the Southern District of Ohio denied Ohio's request to the court for an order compelling the U.S. Census Bureau to deliver redistricting data to the state by the statutory deadline of March 31. Ultimately the court denied the request for a preliminary injunction for lack of standing because the Census Bureau's failure to meet its deadline in and of itself does not constitute a redressable injury, explaining that "A litigant is not concretely injured and standing is not met simply because a statute creates a legal obligation that goes unfulfilled." In an opinion…
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Here’s the Compressed 2021 Timeline for State Congressional Maps if Congress Passes HR1

Here’s the Compressed 2021 Timeline for State Congressional Maps if Congress Passes HR1

H.R. 1—the For the People Act—mandates significant changes to states’ congressional redistricting processes beginning with the post-2020 census redistricting in 2021. Under H.R. 1, a state’s congressional redistricting plan must be approved by a 15-member independent redistricting commission. The first six Commissioners are randomly chosen from a 36-member Selection Pool, and those six Commissioners then appoint the final nine. If a state does not form the required commission, a federal three-judge court will draw the district lines. I along with my colleague and Fellow at the New York Law School, Nicholas P. Stabile, have drafted this quick timeline for what…
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Alabama Sues Over Census Data Delay and Differential Privacy

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

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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Is Major Redistricting Reform From Congress On the Way? A Look at H.R. 1

Is Major Redistricting Reform From Congress On the Way? A Look at H.R. 1

Congress has made redistricting reform in 2021 a top priority. To that end H.R.1 (S.1) was introduced in the current congress and is poised to establish major election reforms should it pass. Nested within H.R. 1 is “subtitle E”, or the “Redistricting Reform Act of 2021.”  The Brennan Center for Justice explains that the purpose of the Act is to combat racial injustice and partisan influence in the redrawing of congressional districts.  Regardless of one’s policy position on the Act, all can agree that the legislation is a dramatic change from the redistricting status quo. Despite this fact, not many…
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Restraining Order Halting Census Wind-down Operation is Extended by Judge

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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Federal Court Rejects a Citizenship Question for the 2020 Census

Federal Court Rejects a Citizenship Question for the 2020 Census

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 Judge Orders Legislative Leaders to Testify in Partisan Gerrymandering Case

Maryland Judge Orders Legislative Leaders to Testify in Partisan Gerrymandering Case

Maryland - Nearly four years after Bethesda, Md. resident Stephen M. Shapiro and other Maryland voters filed a partisan gerrymandering lawsuit against Maryland's congressional district map, a judge has ordered the Speaker of the Maryland House of Delegates and the President of the Maryland Senate to testify in the case and turn over documents, rejecting claims of legislative privilege. Shapiro's case has wound its way through the courts from its initial filing in 2013, you can read the original complaint here.   A district court judge dismissed the case but Shapiro won his appeal to the U.S. Supreme Court, which ruled…
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