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Lawsuit filed to restore original Census deadline

Good.

Citing the high stakes of a botched census, Harris County and two of its Democratic county commissioners have signed on to a federal lawsuit trying to block the Trump administration’s efforts to end counting for the 2020 census a month earlier than planned.

The constitutionally required count of everyone living in the country had been extended due to the coronavirus pandemic and was to run through Oct. 31. But the Census Bureau announced earlier this month it will end the count sooner, moving up the deadline for responding to Sept. 30.

A federal lawsuit filed Monday in California alleges that the shortened schedule is unconstitutional because it will not produce a fair and accurate count and that the Census Bureau’s move violates federal administrative law because the decision was “arbitrary and capricious.”

The lawsuit is led by the National Urban League and the League of Women Voters. Harris County, which is the state’s largest, joined in along with other local entities including the city of Los Angeles and King County in Washington. Harris County Commissioners Rodney Ellis and Adrian Garcia are signed on as individual plaintiffs.

“Undercounted cities, counties, and municipalities will lose representation in Congress and tens of millions of dollars in funding,” the lawsuit reads. “And communities of color will lose core political power and vital services. In contrast to these dire stakes, the immediate solution to this problem is simple: set aside and enjoin implementation of the impossibly-shortened Rush Plan, which is based on an unexplained change of position, and allow the Census Bureau to implement the plan that it had designed to fulfill its constitutional duties during the pandemic.”

[…]

The October cutoff had offered organizers crucial overtime for the count after the coronavirus pandemic derailed canvassing and outreach efforts that in some regions of the state, like in Harris County, had been in the works for years.

But those efforts have been further disrupted by what Harris County and other plaintiffs in the lawsuit dubbed as the “rush plan.” Mailers ordered before the change had to be redone, with county workers forced to purchase stickers to cover the old deadline on those materials.

In announcing the new deadline, Census Bureau Director Steven Dillingham said the bureau planned to hire more employees “to accelerate the completion of data collection” and avoid a delay in reporting counts for seats in Congress and the distribution of redistricting data.

“The Census Bureau’s new plan reflects our continued commitment to conduct a complete count, provide accurate apportionment data, and protect the health and safety of the public and our workforce,” Dillingham said in a statement.

But the earlier deadline has heightened the possibility that Texas will be undercounted and that low-income and Hispanic Texans in particular — who were already at the highest risk of being missed — will go uncounted at a time when the coronavirus pandemic is ravaging their communities.

here for some background, and here for a peek at the lawsuit. Combined with Donald Trump’s surely illegal order to keep undocumented immigrants from being counted for the purposes of apportionment, it’s like Trump and his enablers really don’t want Texas to get any additional Congressional districts next decade. I continue to marvel at Greg Abbott and Dan Patrick and Ken Paxton’s ability to shrug that kind of insult off. By the way, that “arbitrary and capricious” language is a sign that the plaintiffs are aiming for a ruling that Trump has once again violated the Administrative Procedures Act, the federal law that has killed multiple similar efforts by Trump in the past. Let’s hope we can add this one to that trash heap.

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