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Court Blocks Trump’s Attempt to Prevent Undocumented Immigrants From Being Counted in the Census

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  • A federal court in New York has blocked an order from President Trump that would have excluded noncitizen immigrants from 2020 Census totals used to allocate seats in the House of Representatives based on population counts.
  • In the decision, a three-judge panel ruled that Trump’s memo violated federal law and that he had exceeded his authority by proposing it.
  • The ruling comes in the same week that another federal judge temporarily blocked the Trump administration’s efforts to cut the census count short by a full month, despite the fact that in-person counting started late due to the pandemic.
  • Numerous experts and senior Census Bureau officials have said that cutting the count short will result in highly inaccurate census data.

Court Blocks Trump Order

A three-judge federal court panel in New York decided unanimously on Thursday to block a memorandum signed by President Donald Trump to exclude undocumented immigrants from being counted in the census for reapportionment — the process of reallocated Congressional seats based on the population count.

The memo, issued by Trump on July 21, directed the Census Bureau to calculate the number of congressional seats each state is allocated without including undocumented immigrants in that count. To do so, the bureau would have to produce two counts: one of U.S. citizens and one of noncitizen immigrants.

That order sparked eight legal challenges around the country. The ruling resolves two of those lawsuits which were brought to the Federal District Court in Manhattan: one by a group of local governments and the United States Conference of Mayors, and another by a coalition of advocacy groups.

Both groups argued that Trump’s memo would lead to a less accurate census count and cause some states to lose representation. Numerous reports and studies have found that excluding the undocumented immigrant population from census totals would lead to millions being left out of the population totals used for reapportionment.

As a result, states with large immigrant populations like California and Texas would lose House seats. Meanwhile, states that are projected to lose a seat after the 2020 census, like Alabama, would actually end up gaining one.

The Judge’s Ruling

In their decision, the judges ruled that Trump had exceeded his authority under federal law with his proposal, and effectively blocked the Commerce Department, which houses the Census Bureau, from including information about the number of noncitizen immigrants in their reports to the president after the count is completed.

Specifically, the court said the president’s order violated the law “in two clear respects.” First, it went against a federal law that requires only one count of population totals and makes two counts illegal. Second, the judges wrote that Trump’s order “violates the statute governing reapportionment because, so long as they reside in the United States, illegal aliens qualify as ‘persons’ in a ‘state’ as Congress used those words.”

However, the panel also decided that they did not need to consider a second claim regarding the constitutionality of Trump’s order.

“Because the President exceeded the authority granted to him by Congress by statute, we need not, and do not, reach the overlapping, albeit distinct, question of whether the Presidential Memorandum constitutes a violation of the Constitution itself,” they wrote in their opinion.

Notably, the judges also specified in their ruling that they were not preventing the Trump administration from “continuing to study whether and how it would be feasible to calculate” those numbers to allow the Commerce Secretary to comply with the memo if a higher court overturns their decision. 

That is quite significant because the ruling is widely expected to be appealed to the Supreme Court, and if they decide to overturn it, the lawfully collected data could still be used to exclude undocumented immigrants from being counted in reapportionment.

Other Legal Battles

The court’s decision came just hours after a separate ruling from a different federal judge regarding yet another legal challenge to a recent decision made by the Trump administration concerning the census.

In that ruling, U.S. District Judge Lucy Koh ordered the Trump administration to provide internal documents in connection to its abrupt and shocking decision in August to end the 2020 Census count a full month earlier than originally planned.

Under existing law, state population totals collected through the census that will be used for reapportionment must be given to the president by Dec. 31 of the census year. However, due to delays in collecting in-person census data because of the pandemic, the White House had earlier agreed to delay the delivery of those totals until April 2021. 

But in August, the administration made an abrupt reversal and instead ordered the count to be cut short a month so that the original deadline could be met and the totals could be sent to Trump by the end of the year.

The surprising and perplexing decision to not only meet the original deadline, but to also cut short a count that had already started late, appeared to entirely contradict previous remarks from numerous senior Census Bureau officials, who had warned that the agency could no longer provide accurate counts by the end of the year due to coronavirus-related delays and restrictions.

As a result, many feared that the administration’s decision — which was widely viewed as an attempt to ensure that Trump would still have the ability to control the census totals even if he lost his re-election — would drastically skew the census data and make it so inaccurate it would become essentially unusable.

Last week, Judge Koh temporarily blocked the Census Bureau from ending the count early until a hearing set for Sept. 17. Right now, it is unclear how Thursday’s ruling from the three federal judges will impact the legal battle over the census count timeline.

See what others are saying: (The Washington Post) (The New York Times) (NPR)

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Biden Calls on Congress To Extend Eviction Moratorium

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The move comes just two days before the federal ban is set to expire.


Eviction Freeze Set To Expire

President Joe Biden asked Congress on Thursday to extend the federal eviction moratorium for another month just two days before the ban was set to expire.

The request follows a Supreme Court decision last month, where the justices ruled the evictions freeze could stay in place until it expired on July 31. That decision was made after a group of landlords sued, arguing that the moratorium was illegal under the public health law the Centers for Disease Control and Prevention had relied on to implement it.

While the court did not provide reasons for its ruling, Justice Brett Kavanaugh issued a short concurring opinion explaining that although he thought the CDC “exceeded its existing statutory authority,” he voted not to end the program because it was already set to expire in a month.

In a statement Thursday, White House Press Secretary Jen Psaki cited the Supreme Court decision, as well as the recent surge in COVID cases, as reasons for the decision to call on Congress. 

“Given the recent spread of the delta variant, including among those Americans both most likely to face evictions and lacking vaccinations, President Biden would have strongly supported a decision by the CDC to further extend this eviction moratorium to protect renters at this moment of heightened vulnerability,” she said. 

“Unfortunately, the Supreme Court has made clear that this option is no longer available.”

Delays in Relief Distribution 

The move comes as the administration has struggled to distribute the nearly $47 billion in rental relief funds approved as part of two coronavirus relief packages passed in December and March, respectively.

Nearly seven months after the first round of funding was approved, the Treasury Department has only allocated $3 billion of the reserves, and just 600,000 tenants have been helped under the program.

A total of 7.4 million households are behind on rent according to the most recent data from the Census Bureau. An estimated 3.6 million of those households could face eviction in the next two months if the moratorium expires. 

The distribution problems largely stem from the fact that many states and cities tasked with allocating the fund had no infrastructure to do so, causing the aid to be held up by delays, confusion, and red tape. 

Some states opened portals that were immediately overwhelmed, prompting them to close off applications, while others have faced technical glitches.

According to The Washington Post, just 36 out of more than 400 states, counties, and cities that reported data to the Treasury Department were able to spend even half of the money allotted them by the end of June. Another 49 —  including New York — had not spent any funds at all.

Slim Chances in Congress

House Speaker Nancy Pelosi (D-Ca.) urged her colleagues to approve an extension for the freeze Thursday night, calling it “a moral imperative” and arguing that “families must not pay the price” for the slow distribution of aid.

However, Biden’s last-minute call for Congress to act before members leave for their August recess is all but ensured to fail.

While the House Rules Committee took up a measure Thursday night that would extend the moratorium until the end of this year, the only way it could pass in the Senate would be through a procedure called unanimous consent, which can be blocked by a single dissenting vote.

Some Senate Republicans have already rejected the idea.

“There’s no way I’m going to support this. It was a bad idea in the first place,” Senator Patrick Toomey (R-Pa.) told reporters. “Owners have the right to action. They need to have recourse for the nonpayment of rent.”

With the hands of the CDC tied and Congressional action seemingly impossible, the U.S. could be facing an unprecedented evictions crisis Saturday, even though millions of Americans who will now risk losing their homes should have already received rental assistance to avert this exact situation.

See what others are saying: (The Washington Post) (The New York Times) (The Associated Press)

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Mississippi Asks Supreme Court To Overturn Roe v. Wade

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The Supreme Court’s decision to consider Mississippi’s restrictive abortion ban already has sweeping implications for the precedents set under the landmark reproductive rights ruling, but now the state is asking the high court to go even further.


Mississippi’s Abortion Case

Mississippi filed a brief Thursday asking the U.S. Supreme Court to overturn Roe v. Wade when it hears the state’s 15-week abortion ban this fall.

After months of deliberation, the high court agreed in May to hear what will be the first abortion case the 6-to-3 conservative majority will decide.

Both a district judge and a panel of the U.S. Court of Appeals for the 5th Circuit had ruled that Mississippi could not enforce the 2018 law that banned nearly all abortions at 15 weeks with exceptions for only “severe fetal abnormality,” but not rape and incest.

If the Supreme Court upholds the Mississippi law, it would undo decades of precedent set under Roe in 1973 and upheld under Planned Parenthood v. Casey in 1992, where the court respectively ruled and reaffirmed that states could not ban abortion before the fetus is “viable” and can live outside the womb, which is generally around 24 to 28 weeks.

When the justices decided to hear the case, they said they would specifically examine the question of whether “all pre-viability prohibitions on elective abortions are unconstitutional.”

Depending on the scope of their decision on the Mississippi law, the court’s ruling could allow other states to pass much more restrictive abortion bans without the risk of lower courts striking down those laws.

As a result, legal experts have said the case will represent the most significant ruling on reproductive rights since Casey nearly three decades ago, and the Thursday brief raises the stakes even more.

When Mississippi asked the justices to take up its case last June, the state’s attorney general, Lynn Fitch (R), explicitly stated that the petition’s questions “do not require the Court to overturn Roe or Casey.”

But that was before the court’s conservatives solidified their supermajority with the appointment of Justice Amy Coney Barrett — who personally opposes abortion — following the death of liberal Justice Ruth Bader Ginsburg.

New Filing Takes Aim at Roe

With the new filing, it appears that Fitch views the high court’s altered makeup as an opportunity to undermine the constitutional framework that has been in place for the better part of the last century.

“The Constitution’s text says nothing about abortion,” Fitch wrote in the brief, arguing that American society has changed so much that the previous rulings need to be reheard.

“Today, adoption is accessible and on a wide scale women attain both professional success and a rich family life, contraceptives are more available and effective, and scientific advances show that an unborn child has taken on the human form and features months before viability,” she added, claiming the power should be left to state lawmakers. 

“Roe and Casey shackle states to a view of the facts that is decades out of date,” she continued. “The national fever on abortion can break only when this Court returns abortion policy to the states.”

The Center for Reproductive Rights, which represents Mississippi’s sole abortion provider in the suit against the state’s law, painted Fitch’s effort as one that will have a chilling effect on abortion rights nationwide.

“Mississippi has stunningly asked the Supreme Court to overturn Roe and every other abortion rights decision in the last five decades,” Nancy Northup, the president and CEO of the group said in a statement Thursday. “Today’s brief reveals the extreme and regressive strategy, not just of this law, but of the avalanche of abortion bans and restrictions that are being passed across the country.”

The Supreme Court has not yet said exactly when during its fall term it will hear oral arguments on the Mississippi case, but a decision is expected to come down by next June or July, as is standard.

An anticipated ruling just months before the 2022 midterms will almost certainly position abortion as a top issue at the ballot box.

See what others are saying:  (The New York Times) (The Washington Post) (Politico)

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Republicans Boycott Jan. 6 Committee After Pelosi Rejects Two of McCarthy’s Picks

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The House Minority Leader said that unless House Speaker Pelosi reinstated the two members, Republicans will launch their own investigation into the insurrection.


Pelosi Vetoes Republicans

Republicans are boycotting the select committee to investigate the insurrection after House Speaker Nancy Pelosi (D-Ca.) rejected two of the five GOP members Minority Leader Kevin McCarthy (R-Ca.) picked to serve on the panel Wednesday.

In a statement, Pelosi cited the “statements and actions” of Rep. Jim Jordan (R-Oh.) and Jim Banks (R-In.), whose nominations she said she was opposing “with respect for the integrity of the investigation.”

Jordan and Banks — both staunch allies of former President Donald Trump — have helped propagate the previous leader’s false election claims, opposed efforts to investigate the insurrection, and voted not to certify the election for President Joe Biden. 

A senior Democratic aide also specifically told The Washington Post that Democrats did not want Jordan on the panel because he reportedly helped Trump strategized how to overturn the election and due to the fact he spoke to the then-president on Jan. 6, meaning there is a possibility he could be called to testify before the very same committee.

The aide also said that Democrats opposed Banks’ selection because of a statement he issued after McCarthy chose him.

In the statement, the representative compared the insurrection to the racial justice protests last summer, implied that the rioters were just normal American’s expressing their political views, and claimed the committee was a political ploy “to justify the Left’s authoritarian agenda.”

Notably, Pelosi did say she would accept McCarthy’s three other nominees — including Rep. Troy Nehls (R-Wi.), who also voted against certifying Biden’s win.

McCarthy Threatens Separate Investigation

McCarthy, however, refused to select new members, and instead opted to remove all his appointees from the would-be bipartisan committee.

In a statement condemning the move, the minority leader said that Pelosi’s action “represents an egregious abuse of power.” 

“Denying the voices of members who have served in the military and law enforcement, as well as leaders of standing committees, has made it undeniable that this panel has lost all legitimacy and credibility and shows the Speaker is more interested in playing politics than seeking the truth,” he said.

“Unless Speaker Pelosi reverses course and seats all five Republican nominees, Republicans will not be party to their sham process and will instead pursue our own investigation of the facts.”

Pelosi defended her decision during a press conference Thursday, where she said that Banks and Jordan were “ridiculous” choices for the panel. 

“When statements are ridiculous and fall into the realm of, ‘You must be kidding,’ there’s no way that they’re going to be on the committee,” she added.

See what others are saying: (The Washington Post) (The New York Times) (CNBC)

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