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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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Biden Outlines $1.9 Trillion Stimulus Plan

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  • President-elect Joe Biden unveiled a sweeping $1.9 trillion coronavirus relief stimulus proposal on Thursday.
  • Under the plan, $1 trillion would go to direct relief for Americans. This includes a round of $1,400 stimulus checks, an extension and $400 weekly increase to federal unemployment benefits, and a $15 minimum wage.
  • The proposal would also allocate $440 billion for aid to local governments and businesses, as well as provide $400 billion to directly fight the coronavirus with more testing and vaccinations, among other efforts.

Biden Outlines Direct Aid in Stimulus Plan

President-elect Joe Biden announced the details of his $1.9 trillion coronavirus relief stimulus package while speaking at an event in Wilmington, Delaware on Thursday.

Biden described the package, titled “American Rescue Plan,” as a set of emergency measures to immediately address the country’s economic and healthcare needs. The package will be followed by a second, broader relief package in February, which will aim to address more long-term economic recovery efforts.

Most significantly, $1 trillion — more than half of the funding allocated in the first package — will go to direct relief for Americans. Among other measures, the direct aid provisions in the plan include increasing federal unemployment benefits from $300 a week to $400 a week and extending them from March to September.

Biden’s plan also includes $1,400 stimulus checks to top off the $600 already approved in the December stimulus package. However, eligibility for the direct payments would be expanded to families of non-citizen immigrants as well as families with adult dependents.

Additionally, the proposal includes several other measures targeted at directly helping struggling Americans, such as raising the federal minimum wage to $15 an hour, adding billions in funding for child care, and expanding the child tax credit to poor and middle-class families.

Broader Goals

As for the broader economic and pandemic-centered measures, Biden’s package would allocate $440 billion for aid to states, local governments, and businesses. It would also provide $400 billion to directly fight the coronavirus, with a major focus on expanding testing and accelerating vaccine distribution.

Biden has set the dual goals of delivering 100 million vaccines and reopening the majority of K-12 public schools in his first 100 days. To meet that objective, his plan includes $20 billion for a universal vaccination program, $50 billion to expand testing, and $130 billion to help schools reopen safely.

The proposal, overall, meets many of the demands for direct aid that Democrats have pushed for months but have been unable to approve with the Republican-controlled Senate. Now that Democrats hold the presidency and control of both chambers, many members have urged Biden to ask for an even higher price tag.

Biden, for his part, has said he would like to try for a bipartisan majority on his first piece of legislation, but given Republicans months-long resistance to many Democratic asks, that desire is likely a pipe-dream.

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

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Democrats Ask for Investigation into GOP Members Aiding Rioters

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  • More than 30 House Democrats signed a letter Wednesday demanding that security officials look into “suspicious behavior and access given to visitors” at the Capitol the day before last week’s insurrection.
  • The lawmakers claimed they “witnessed an extremely high number of outside groups” visiting, including guests who “appeared to be associated with the rally at the White House the following day.”
  • The letter comes one day after Rep. Mikie Sherrill (D-NJ) accused her Republican colleagues of bringing rioters into the Capitol the day before for “reconnaissance.” 
  • Notably, neither the letter nor Sherill herself directly named any members, and these claims have not yet been verified.

Demands for Investigation

Congressional Democrats are demanding an investigation into whether Republican representatives aided the Capitol rioters who lead last Wednesday’s insurrection.

In a letter signed by 31 members Wednesday, lawmakers asked the acting House and Senate Sergeants at Arms to look into “suspicious behavior and access given to visitors” the day right before the attack. 

In that letter, the Democrats say that they as well as some of their staffers “witnessed an extremely high number of outside groups” visiting the Capitol.

They pointed out that was unusual because the building has restricted public access since March as part of pandemic protocols. Since then, tourists have only been allowed to enter the Capitol if they were brought in by a member of Congress.

The members found the tours “so concerning” that they reported them to the Sergeant at Arms the same day.

“The visitors encountered by some of the Members of Congress on this letter appeared to be associated with the rally at the White House the following day,” the letter continued. “Members of the group that attacked the Capitol seemed to have an unusually detailed knowledge of the layout of the Capitol Complex.” 

The demands come after Rep. Mikie Sherrill (R-NJ) claimed during a Facebook livestream Tuesday that she saw Republican representatives bringing now-identified rioters into the Capitol the day before the riots for “reconnaissance.” Sherrill also alleged that some of her GOP colleagues “abetted” Trump and “incited this violent crowd.”

Members Under Fire

Neither the letter nor Sherill have directly named any members, and none of these claims have yet been verified. However, over the last few days, a number of Republicans have been condemned for their perceived involvement in inciting the rioters.

In a now-deleted video, right-wing conspiracy theorist and “Stop the Steal” organizer Ali Alexander claimed he had planned the rally that took place before the riot with the help of three House Republicans: Paul Gosar (Az.), Andy Biggs (Az.), and Mo Brooks (Al.). All three men voted to undermine the will of the American people and throw out the electoral votes in Arizona following the insurrection. 

Biggs and Brooks have both denied that they have any involvement, but Gosar, who tagged Alexander in a tweet he posted just hours before the attack, has not responded to any requests for comment from several outlets.

“Biden should concede,” Gosar wrote. “I want his concession on my desk tomorrow morning. Don’t make me come over there. #StopTheSteaI2021”

While Brooks has denied any involvement in planning the rally, his remarks to the would-be domestic terrorists at the event have sparked widespread condemnation.

“Today is the day that American patriots start taking down names and kicking ass,” he told the crowd. “Are you willing to do what it takes to fight for America?”

Some House Democrats introduced resolutions to censure Brooks for his comments. Other members have also been pushing to invoke Section 3 of the 14th Amendment, a relic of the post-Civil War era which disqualifies people who “have engaged in insurrection or rebellion” against the U.S. from holding public office. 

Rep. Cori Bush (D-Mo.) has also received 47 co-sponsored on her proposed resolution that would start investigations for “removal of the members who attempted to overturn the results of the election and incited a white supremacist attempted coup.”

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

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House Impeaches Trump By Largest Bipartisan Margin in History

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  • The House voted to impeach President Donald Trump on Wednesday for “inciting an insurrection,” making him the first-ever president to be impeached twice.
  • Ten Republicans broke party ranks to vote in favor of impeachment, which means this is the most bipartisan impeachment in U.S. history.
  • Ahead of the vote, sources close to Senate Leader Mitch McConnell told reporters he believes Trump committed impeachable offenses and that he was pleased Democrats were moving forward with a vote because it will make it easier to “purge” Trump from the party.
  • McConnel later said he has not yet decided whether he will vote to convict Trump. Still, he has refused to convene the Senate before Jan. 19, meaning that as of now, there is little chance that the Senate will conduct a trial and oust Trump before his term ends.

House Debates Impeachment

The U.S. House of Representatives voted 232 to 197 to impeach President Donald Trump on Wednesday for “inciting an insurrection,” making him the first-ever president to be impeached twice.

All Democrats voted in favor of the single article. They were also joined by 10 Republicans, which means this is the most bipartisan impeachment in U.S. history.

The decision was debated on the floor after Vice President Pence rejected Democrats’ calls to invoke the 25th amendment and remove Trump from office.

Most notable among the Republican members who voted to impeach was Liz Cheney (R-WY), the number three House Republican who announced her decision Tuesday night.

“There has never been a greater betrayal by a president of the United States of his office and his oath to the Constitution,” she said in a statement.

Questionable Path in Senate

No Republican Senators have publicly said they support removing Trump from office.

On Tuesday, The New York Times reported that sources close to Senate Leader Mitch McConnell (R-KY) said he “has told associates that he believes President Trump committed impeachable offenses and that he is pleased that Democrats are moving to impeach him, believing that it will make it easier to purge him from the party.”

Sources separately told Axios that “there’s a better than 50-50 chance” that McConnell would vote to convict Trump.

McConnell responded to the reports earlier on Wednesday but did not outright dispute many of the claims.

“While the press has been full of speculation, I have not made a final decision on how I will vote and I intend to listen to the legal arguments when they are presented to the Senate,” he said.

As for whether or not other members of the GOP would follow suit, a top Republican close to McConnell also told Axios that “Senate institutional loyalists are fomenting a counterrevolution” to Trump. 

Additionally, McConnell’s advisers have said that he has “privately speculated that a dozen Republican senators — and possibly more — could ultimately vote to convict.” Notably, it would most likely require 17 Republicans to join Democrats in order for Trump to be found guilty.

In regards to a timeline, the Senate is in recess and not set to reconvene until Jan. 19, the day before Joe Biden’s inauguration. McConnell has rejected calls to ask that members return before then, meaning that as of right now there is very little chance that the Senate will conduct a trial and oust Trump before he leaves office.

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

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