Joan confirms what many of us suspected from reading the opinions in Dep’t of Commerce v. NY: Chief Justice John Roberts cast the deciding vote against President Donald Trump’s attempt to add a citizenship question to the 2020 census, but only after … Continue reading
Category Archives: census litigation
TPM: The Census Bureau offered new details this week on how it will try to implement President Trump’s plan to help states diminish the political power of immigrant communities.The disclosures came in the form of a regulatory notice posted Monday that was … Continue reading
San Antonio Express-News: As the first U.S. census to be conducted mainly online gets underway in the coming months, warnings from the Government Accountability Office about “substantial cybersecurity challenges” and disinformation campaignsraise concerns about how such a massive operation – … Continue reading
TPM: Hans von Spakovsky — a former member of President Trump’s voter fraud commission known for overhyping claims of mass voter fraud — is encouraging states to move forward with an anti-immigrant, GOP-friendly redistricting overhaul, using citizenship data the Census … Continue reading
NPR: John Gore, the main Justice Department official behind the Trump administration’s failed push to add a citizenship question to the 2020 census, is set to leave the department Friday.A person familiar with the matter tells NPR Gore plans to … Continue reading
Law.com reports. … Continue reading
Hansi Lo Wang for NPR. … Continue reading
The subject of the DAG’s ire was the criminal contempt vote against the AG, for failure to comply with subpoenas regarding the citizenship question on the decennial enumeration. More from Fox. … Continue reading
Wherein J. Christian Adams rails against “personal destruction” and “demonization,” and compares Kris Kobach (or, possibly, himself) to Aleksandr Solzhenitsyn. … Continue reading
But there are still some “headwinds” ahead (including low unemployment rates) to hiring for the push to come. … Continue reading
A follow-up in the Houston Chronicle to this NPR report a few days ago. … Continue reading
Pacific Standard notes yet another connection to Andrew Jackson, in the overtime chaos of the Census case. … Continue reading
Specifically, “untested innovations,” IT implementation, and cybersecurity. The report is here. … Continue reading
Science magazine digs in on the likelihood that non-response follow up, administrative records, and (legally permissible) imputation will be able to compensate for a large-scale chilled response. And local outreach efforts by Census officials continue to try to narrow that … Continue reading
Michael Li, in Slate, on the census, citizenship, and representation. Related: the Council on Foreign Relations gets in on the discussion too. … Continue reading
Thomas Berry makes the case that it does, in Yale’s Notice & Comment administrative law blog. He’s promised more on enforcing that reading tomorrow, with a hint of a note of caution. One note: whether the basic argument is right … Continue reading
Linda Greenhouse on the rule of law’s near-miss in the census case, and its aftermath. … Continue reading
David Gans weighs in on the base for representation in redistricting. UPDATE: Keshia Morris does too. … Continue reading
HuffPost on complete count advocacy in hard-to-count communities And a piece from Minnesota on a complete count, but not an over-complete count, of snowbirds. … Continue reading
Auguste Meyrat, in The Federalist, with a slightly different take on the census controversy. … Continue reading
Earl Comstock, top policy director over at Commerce, features heavily in the motion for sanctions over conduct in the litigation over the citizenship question on the census. … Continue reading
AP, NYT, WaPo, WSJ, CBS, NBC, ABC, Fox, CNN. The vote, 230-198 (4 Democrats voting with Republicans uniformly against, and Rep. Amash voting with the rest of the Democrats) was for failure to comply with subpoenas about the origins of … Continue reading
Michael Carvin and Kannon Shanmugam, with a bonus appearance by Miguel Estrada. I hope Mr. Carvin’s right that the Census ruling won’t really affect cases outside of this particular context. But I hope that’s because agencies won’t continue to lie … Continue reading
The fallout from yesterday’s hearing. … Continue reading
Ari Berman adds his voice to discussion of the potential ahead. … Continue reading
Demographers weigh in on alternatives to a direct count. (Note: this is an update of a piece published in 2016. Apparently, the issue is still of some interest.) … Continue reading
The motion was filed in the SDNY case, mostly directed at Commerce officials. With 428 pp. of receipts. UPDATE: HuffPost has coverage. … Continue reading
Hansi with the scoop: https://twitter.com/hansilowang/status/1151169448457441282 UPDATE: Here’s the final signed order itself. … Continue reading
Well, that’s an interesting strategy: You’ve got to spend money to make money. But that’s not the way Texas, and a handful of other states, are looking at the 2020 census. Officials in Texas have decided not to spend any … Continue reading
The candidates weigh in on using citizenship data in the redistricting process. … Continue reading
A reminder that we’re not out of the woods yet. I wonder if this will come up in the Senate hearing on the Census in an hour. … Continue reading
Video from a Netroots Nation panel with Adam Bonin, Eric Holder, Alex Padilla, Denise Merrill, and Vanita Gupta. Man, last Thursday seems like a long time ago. … Continue reading
TPM dives in on the citizenship-data Paperwork Reduction Act filing spotted over the weekend. And Reuters reviews the legal battles that might result. … Continue reading
The WaPo sees a through-line in debates about race and the census. Janai Nelson has a deeper look in the Columbia Law Review. … Continue reading
The Nation picks up the redistricting thread. … Continue reading
Hugh Hewitt’s op-ed suggests that the president should have refused to quit on the census case, and calls for a motion for reconsideration in the Supreme Court. For perspective, it also claims that “the Supreme Court sat on the decision … Continue reading
Hansi Lo Wang points to a July 3 census filing under the Paperwork Reduction Act (the weeds matter, people) in which the Department of Commerce, “having carefully considered the matter, has determined that there is not sufficient time to develop … Continue reading
With the legal fight over the content of the 2020 enumeration questionnaire finally settled, commentators and advocates are turning to the fight over getting the count right. Here’s one example from Josh Geltzer and Mary McCord in the WaPo, and … Continue reading
And here’s the other turn Rick’s been forecasting: a HuffPost piece discussing the potential to use data culled for the President’s Executive Order in the redistricting process. And a WaPo dive on the potential consequences. … Continue reading
Fact check on the notion that Obama took a citizenship question off of the census. Spoiler: nope. … Continue reading
There’s a Census Bureau test of the 2020 form in the field at the moment, with and without the citizenship question, and it’s generating a bit of confusion. … Continue reading
As Michael Li explains, on All Things Considered. … Continue reading
Fascinating read. … Continue reading
Hi. Please don’t consider this a preview for the coming week: most of the posts will be a lot shorter. I promise. Until yesterday, the official government reason for getting citizenship information in connection with the decennial census was the … Continue reading
Axios’s Jonathan Swan: Top figures in the conservative legal community are stunned and depressed by President Trump’s cave in his fight for a citizenship question on the 2020 Census.The state of play: Sources say Leonard Leo and other Federalist Society stalwarts … Continue reading
President Trump’s Speech this afternoon in which he said that the Administration would give up on efforts to add a citizenship question to the census is a victory for the rule of law. Many people were predicting that Trump would … Continue reading
See my earlier post: All’s Well That Ends Well, or All’s Well That Evenwel? How the Commerce Department May Still Help States to Draw Districts with Equal Numbers of Voter Eligible Persons to Minimize Hispanic (and Democratic) Voting Strength. … Continue reading
I’m seeing a lot of hyperventilating on Twitter and elsewhere about how President Trump is about to start a constitutional crisis through an executive order that would mandate inclusion of the citizenship question on the census. If Trump actually ordered … Continue reading
Order: The DOJ’s motion to withdraw certain attorneys is “patently insufficient,” Furman said in a scorching 3-page ruling.Only two attorneys who left DOJ’s civil division, Brett Shumate and Alice LeCour, will be allowed to withdraw. Several others must stay. pic.twitter.com/E3zdTiVjkt— … Continue reading
Politico: On Friday one of the three district court judges, Maryland-based U.S. District Judge George Hazel, ordered the start of discovery, a chance for both parties to seek out related evidence in the case.Civil rights groups say they plan to … Continue reading