- 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.
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. ”
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)
Biden Calls on Congress To Extend Eviction Moratorium
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)
Mississippi Asks Supreme Court To Overturn Roe v. Wade
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)
Republicans Boycott Jan. 6 Committee After Pelosi Rejects Two of McCarthy’s Picks
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.