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SCOTUS Says Census Count Can End Early, Siding With Trump Administration

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  • The Supreme Court ruled in favor of the Trump administration and allowed it to stop the 2020 census count until the Appeals Court decides whether the count should be stopped early.
  • The order is technically a temporary halt, but experts say it’s almost certainly an early end as it requires officials to start tabulating the data that many say is incomplete.
  • Many condemned the move and said ending the census early will result in incomplete, basically unusable data. Others noted that traditionally hard-to-count groups like people of color, immigrants, and low-income households will be hurt the most by the decision.
  • Some specifically blamed the Trump administration directly and said the whole effort was a move to benefit Republicans because excluding historically undercounted groups would likely give them more seats.

SCOTUS Sides With Trump

The Supreme Court ruled Tuesday that the Trump administration can end counting for the 2020 Census early, suspending a lower court’s ruling that extended the count to Oct. 31.

The move effectively ends a contentious months-long legal battle following the Census Bureau’s sudden decision in August to end all counting on Sept. 31, a full month earlier than the deadline previously set by the administration itself to account for delays caused by the pandemic.

In explaining the reasoning behind the move, Commerce Secretary Wilbur Ross said the Census Bureau needed data by then in order to meet the congressionally mandated Dec. 31 deadline for reporting census totals to the White House.

Top officials at the bureau have been warning for months that it would be impossible to meet the December deadline and still get an accurate count. In spring, the agency asked Congress to change the law and push the deadline to April 2021 — a plan that President Donald Trump himself had openly supported at the time.

The Democrat-controlled House approved the ask as part of their $3 trillion coronavirus stimulus bill passed in May, but the Senate did not even consider it.

Experts condemned the Trump administration’s decision to cut the count short, arguing that it would drastically skew the census data, making it basically unusable. The move, they said, would leave many people undercounted in the census data, which used not only to allocate congressional seats for the next 10 years, but also to determine how also how trillions of dollars in federal aid is given to states.

To make matters more complicated, many experts said the abrupt change would specifically result in the undercounting of historically hard-to-count communities that arguably need it the most, like people of color, immigrants, low-income households, college students, people in rural areas, and others. 

Legal Battles

The administration’s decision immediately faced numerous legal challenges from a range of advocacy groups, cities, counties, and Native American tribes who sued the administration to keep the Oct. 31 deadline.

At the end of September, U.S. District Judge Lucy Koh granted those groups a preliminary injunction, effectively ordering the administration to continue the count until the end of October. 

The Trump administration asked the Ninth Circuit Court of Appeals to block the injunction while it considered the case, but the court rejected that request. The Department of Justice took the question to the Supreme Court, filing an emergency request to stop the counting last week.

The high court sided with the administration in a nearly unanimous ruling, allowing the administration to stop the count while the Appeals Court was deciding. Justice Sonia Sotomayor issued a lone dissent on the matter.

“Even a fraction of a percent of the Nation’s 140 million households amounts to hundreds of thousands of people left uncounted,” she wrote in her dissent. “And significantly, the percentage of nonresponses is likely much higher among marginalized populations and in hard-to-count areas, such as rural and tribal lands.”

“The harms caused by rushing this year’s census count are irreparable,” she added. “And respondents will suffer their lasting impact for at least the next 10 years.”

While the order is technically temporary, the decision to stop the count two weeks before the deadline is already set to happen could be damning.

“As a practical matter, however, it almost certainly ensures an early end because the census — one of the largest government activities, involving hundreds of thousands of workers — cannot be easily restarted and little time remains before its current deadline at the end of this month,” The New York Times explained. “In fact, some census workers say, the bureau had already begun shutting down some parts of its count despite a court order to continue it.”

Blame on Trump Administration

In addition to expressing disappointment with the court ruling, many others also blamed the Trump administration directly.

Julie Menin, the director of NYC Census 2020, told reporters that the census had “been stolen by the Trump administration, which has interfered at every step of the way, and now, the census has been cut short during a global pandemic.”

Some also accused Trump and his administration of politicizing the census and intentionally making these changes to benefit Republicans.

Numerous reports have found that excluding certain people — especially in those traditionally undercounted groups — would likely give them more congressional seats.

That idea has also been bolstered by an order Trump signed in July directing the Census Bureau to exclude undocumented immigrants from the census totals used to allocate House seats. Studies have also extensively found that leaving noncitizens out of the count would result in more Republican seats.

Critics who alleged that the Trump administration was ending the count early as a way to help Republicans also pointed to the timing. If Trump loses the election, delaying the deadline for census totals too much beyond Dec. 31 would mean that former Vice President Joe Biden would get to make decisions about the count, not Trump.

Notably, the order excluding non-citizens from the census was rejected by a federal court last month, and while the Justice Department has asked the Supreme Court to overturn that decision, the highest court has not yet said if it will hear the case.

Regardless of the intent, some experts also argued that in addition to the lasting harm that will be done by undercounting, the actions the administration has taken will also shatter public confidence and trust in the census.

As Terri Ann Lowenthal, a longtime census expert and consultant told The Times, the Trump administration’s handling of the count “inevitably will undermine whatever public confidence remains in the census results.”

The administration, she added, “could do the right thing, and allow those operations to wind down in an organized way over the next two weeks, or it could continue to push for rushed results, accuracy and quality be damned. The commerce secretary’s next steps will tell us everything we need to know. ”

Official Response

On Wednesday, Ross issued a statement applauding the SCOTUS decision.

“Yesterday’s action by the United States Supreme Court allows the 2020 Census data collection to come to an orderly end and for data processing to begin, taking an important step toward delivery of a complete and accurate count, he said.

“Unlike much of the press reporting about this case, the Supreme Court understood these facts, with only a single Justice writing in dissent, he added. This is a tremendous accomplishment and I commend everyone at the Census Bureau who helped our country meet this goal.”

Ross also referenced a press release from the Census Bureau following the SCOTUS ruling where the agency pushed back on the criticisms that the count was inaccurate or the data was skewed and claimed that as of Oct. 13, “well over 99.9% of housing units have been accounted for in the 2020 Census.”

However, experts have said that estimate likely is just a public relations stunt estimate that covers up huge gaps in the accuracy of the tally. Some pointed to the fact that census workers across the country have said they were told to cut corners and skip steps to rush and bring all states to a 99% completion rate.

But as The Time’s explains, that rate, “does not represent households that have actually filled out census forms. Rather it appears to include those checked off the list of uncounted households by any means, however inaccurate.”

The outlet also pointed to an example in San Francisco, where the gates to an apartment building with thousands of units were locked, making counting difficult. To address that, the bureau directed those workers to stop interviewing residents and just give an estimate provided by the apartment manager.

The list the manager provided, however, only included the names of people who had signed the lease but did not say if they had roommates or families.

Notably, the bureau’s press release also said that the census internet self-response will still be available until Oct. 15. If you have not filled out the census yet, you can visit My2020Census.gov to complete the short questionnaire.

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

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Ron DeSantis Faces Lawsuit, Investigation for “Human Trafficking” of Migrants

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A woman only known as “Pearla” allegedly lured the desperate migrants onto planes with monetary incentives and false promises.


A Political Stunt Blows Up in the Governor’s Face

After unexpectedly flying some 50 mostly Venezuelan migrants from San Antonio to Martha’s Vineyard last week, Florida Gov. Ron DeSantis (R) is staring down a class action lawsuit, a local investigation, and a potential probe from the Justice Department.

On Tuesday, Lawyers for Civil Rights, in conjunction with the nonprofit Alianza Americas filed a federal class-action lawsuit on behalf of the migrants. The filing names DeSantis, the state of Florida, Florida Department of Transportation Secretary Jared Perdue, and their accomplices as defendants.

It alleges they fraudulently induced the migrants to cross state lines to Martha’s Vineyard, where shelter and resources were not prepared.

According to several accounts, the migrants were falsely promised work, free rent, and immigration assistance in exchange for taking the trip.

The migrants are seeking unspecified damages on top of the cost of their legal fees for emotional and economic harm.

On Monday, Texas Bexar County Sheriff Javier Salazar announced that he was opening an investigation into the migrant flights and DeSantis’s role in the scheme, which he called an “abuse of human rights.”

“They feel that they were deceived in being taken from Bexar County — from San Antonio, Texas — to where they eventually ended up,” he told CNN on Tuesday. “That could be a crime here in Texas and we will handle it as such.”

Salazar also said in a statement that his office was working with private attorneys representing the victims and advocacy organizations and that he was prepared to work with “any federal agency with concurrent jurisdiction, should the need arise.”

Since making the announcement, the sheriff’s office has been bombarded by threats via phone and email, according to a statement by a spokesperson.

Dylan Fernandes, a Massachusetts state lawmaker representing Martha’s Vineyard, called on the DoJ to launch a human trafficking probe into DeSantis Sunday.

He wrote on Twitter about the “inhumane acts,” saying, “Not only is it morally criminal, there are legal implications around fraud, kidnapping, deprivation of liberty, and human trafficking.”

A Mysterious Woman Named Pearla

Several migrants have told reporters, and claimed in the class action lawsuit, that they were lured onto the planes by a tall, blonde woman calling herself Pearla.

She reportedly approached them outside the San Antonio shelter, on the street, and in a McDonald’s parking lot, talking to them in broken Spanish.

Eduardo Linares, a migrant who said he rejected Pearla’s offer, told The Boston Globe that she promised them a free trip to Massachusetts and guaranteed work.

Another migrant named Alejandro told the outlet she offered him three months of free rent, job placement, and help with his immigration case.

The San Antonio Report interviewed a migrant named Emmanuel who said Pearla paid him $200 to recruit other migrants for the flights.

Tuesday’s lawsuit filing elaborates on their claims, saying that they were enticed with $10 McDonald’s gift cards to fly to Boston or Washington.

It alleges that the migrants were rounded up in hotel rooms while the scheme’s organizers gathered enough people to fill two planes, with them sequestered so they could not discuss the plan with anyone else.

“Once the individual Plaintiffs and class members landed, it became clear that the promises made to induce them on the planes were in fact bold-faced lies,” the filing says.

DeSantis defended himself on Fox News Monday night, saying, “They all signed consent forms to go and then the vendor that is doing this for Florida provided them with a packet that had a map of Martha’s Vineyard, it has the number for different services that are on Martha’s Vineyard.”

The brochures given to the migrants, however, listed services for refugees, not asylum seekers, and some migrants have said they weren’t aware of this fact. If the migrants were misled, the participants in the scheme could be criminally liable.

Who Pearla is and who employs her is still unknown, but DeSantis has publically taken credit for chartering the flights.

The League of United Latin American Citizens is offering $5,000 for information leading to the identification, arrest, and conviction of Pearla.

Two days after arriving in Martha’s Vineyard, the migrants voluntarily took shelter in a Cape Cod military base, which is designed for such emergency purposes.

See what others are saying: (NPR) (Vice) (The Boston Globe)

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Is The Pandemic Really Over? Experts Bristle at Biden’s Declaration

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Top Republicans took the president’s words as a signal not to approve any more funds for COVID relief.


The Pandemic’s End

“The pandemic is over,” declared President Joe Biden in a “60 Minutes” interview aired Sunday night.

“We still have a problem with COVID,” he said. “We’re still doing a lot of work on it. But the pandemic is over.”

“If you notice, no one is wearing masks. Everybody seems to be in pretty good shape, and so I think it’s changing, and I think this is a perfect example of it,” he added, gesturing around at last week’s Detroit Auto Show, where the interview took place.

The president’s remarks turned many heads among public health experts, who have pointed out that 400 to 500 Americans continue to die from COVID-19 every day.

“We’ve had two million cases reported over the last 28 days, and we know underreporting is substantial,” Dr. Michael T. Osterholm, an infectious disease expert at the University of Minnesota, told The New York Times.

“COVID-19 continues to be the number four cause of death in the country,” he added.

Others argued that the U.S. president does not have the authority to declare a pandemic over. Only the World Health Organization, which first declared the coronavirus a global pandemic in early 2020, holds that power.

“We are not there yet,” WHO Director General Dr. Tedros Adhanom Ghebreyesus said last week. “But the end is in sight.”

To Care or Not to Care: That is the White House’s Question

Biden’s relatively relaxed attitude toward the virus on “60 Minutes” contradicted his administration’s official policy, which aids have been quick to clarify remains the same. According to the Department of Health and Human Services, the government’s declaration of a COVID-19 public health emergency, which enables it to waive or modify requirements for health-related programs like Medicare and Medicaid, remains in effect. That designation, however, will be up for renewal on October 13.

The White House has also been pushing Congress to allocate another $22 billion toward fighting the pandemic, but top Republicans said Monday that Biden’s comment declaring the pandemic over essentially shuts the door on further aid.

“If it’s over, then I wouldn’t suspect they need any more money,” said Sen. John Cornyn (R-Tx.) in response Monday.

Sen. Richard Burr (R-N.C.), the ranking Republican member on the Senate Health, Education, Labor, and Pensions Committee, added, “I don’t think they were going to get any Covid money through anyway.”

The Biden administration continues to encourage Americans to get the newly authorized “bivalent” COVID-19 booster shot, which provides protection against both the original strain and the omicron subvariants.

The booster shot could prevent as many as 10,000 deaths and 137,000 hospitalizations in the coming months, according to one estimate by Matthew Daley, a physician at Kaiser Permanente Colorado.

The Centers for Disease Control and Prevention (CDC) recommends that everybody over the age of 12, and those who are older, pregnant, immunocompromised, or have a chronic illness, in particular, get the booster as soon as possible. But while most Americans have been vaccinated at least once, less than half have gotten their first booster shot, according to CDC data.

New York Mayor Eric Adams announced Tuesday that vaccine mandates for private employers will end in November, though public employees will still be required to have a vaccine. The day prior, Starbucks also lifted some COVID policies, announcing that its workers will no longer get two weeks of sick pay for coronavirus infections starting on October 2.

In its statement, the company described the pandemic as entering the “endemic” phase.

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

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Trump Plays QAnon Music During Conspiracy-Ridden Speech in Ohio

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In recent weeks, the former president has made explicit gestures to QAnon on Truth Social.


The One-Finger Salute Becomes Trump’s Latest Rallying Symbol

In one of his clearest endorsements of the conspiracy theory yet, former president Donald Trump played a QAnon theme song during a rally in Youngstown, Ohio on Saturday.

Trump was there to support Senate candidate JD Vance ahead of November’s midterm elections. As the night’s rally came to a close, the former president delivered an eight-minute monologue while dramatic string music provided ambiance.

Experts identified the song as “WWG1WGA,” an acronym for the QAnon slogan “Where we go one, we go all.”

But Trump aids who spoke to The New York Times claimed it was in fact a song called “Mirrors” by film and TV composer Will Van De Crommer.

“The fake news, in a pathetic attempt to create controversy and divide America, is brewing up another conspiracy about a royalty-free song from a popular audio library platform,” Trump spokesman Taylor Budowich, told the outlet.

When Trump posted a video to Truth Social containing the same music last month, however, music professor David Dominique told Vice the two songs were indistinguishable.

“I have listened to both [‘Mirrors’ and ‘WWG1WGA’] closely several times now,” he said. “And I have 100% professional confidence these recordings are identical, not even a reinterpretation of a composition, but the same recording.”

Media Matters also analyzed the songs using the software Audacity and found their audio profiles to be “virtually identical.”

When the song played on Saturday, dozens of people in the audience saluted with one finger extended in the air, a gesture Trump aids told The Times they have never seen at one of the former president’s rallies before.

The Daily Beast’s Will Sommer, who has a book about QAnon coming out next year, called the salute “curious” in a Twitter thread.

“Some on Twitter are calling it a QAnon salute, with 1 finger for ‘Where we go 1,’ and Trump is playing a pro-Q song as he talks,” he wrote. “I’ve never seen this happen before, though, so if it’s a Q thing it’s new.”

He added the caveat: “The one finger thing might also be for ‘America First.’ The white nationalist groypers, for example, do a one finger salute for that reason.”

Trump Warms to QAnon

QAnon is a conspiracy theory encompassing a wide range of beliefs, but the most common iteration posits that Trump is locked in a secret struggle against a global cabal of Democratic elites and satan-worshipping, cannibalistic pedophiles.

The Trump administration generally kept its distance from the movement throughout most of his term, then the former president began to signal his sympathy for it as the 2020 election drew closer.

He congratulated Marjorie Taylor Greene, a prominent politician who has expressed belief in QAnon, for winning Georgia’s GOP primary.

When asked about QAnon a few days later, Trump told the press corps, “I don’t know much about the movement other than I understand they like me very much, which I appreciate.”

One reporter followed up by asking him specifically about the idea that he was serving as a warrior against a satanic cabal of pedophiles and cannibals, to which Trump replied, “If I can help save the world from problems, I’m willing to do it.”

Late last month, the former president created and shared a flurry of posts on Truth Social that were explicitly related to QAnon.

In one, he reposted the slogan “Where We Go One We Go All,” and in another, he reposted a 2017 message from “Q,” the anonymous persona at the center of the conspiracy theory, criticizing the intelligence community. The string of posts came one day after he demanded to be reinstated as president, and just weeks after the FBI executed a search warrant on his Mar-a-Lago estate.

Last week, Trump posted a meme of himself wearing a Q lapel pin with the words “The storm is coming” superimposed over it. In QAnon lore, “the storm” refers to the imminent return of Trump to the White House and subsequent mass arrest of the deep-state cabal.

In May 2021, the Public Religion Research Institute (PRRI) conducted a survey of Americans’ belief in specific QAnon-related conspiracies.

Around 15% of respondents, equivalent to nearly 50 million people if extrapolated to the general population, agreed with the statement: “The government, media and financial world in the U.S. are controlled by a group of Satan-worshiping pedophiles who run a global child sex trafficking operation.”

See what others are saying: (Rolling Stone) (The Washington Post) (PBS)

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