A briefcase of a census taker is seen as she knocks on the door of a residence Tuesday, Aug. 11, 2020, in Winter Park, Fla. A half-million census takers head out en mass this week to knock on the doors of households that haven't yet responded to the 2020 census. (AP Photo/John Raoux)

Supreme Court halts census in latest twist of 2020 count

Supreme Court halts census in latest twist of 2020 count

The Supreme Court on Tuesday ruled that the Trump administration can stop census field operations early, ending a lawsuit that warned the truncated schedule will lead to minorities being undercounted in the crucial once-a-decade head count.

Still, the decision was not a total loss for the plaintiffs, who managed to get nearly two extra weeks of counting people as the case made its way through the courts.

The Supreme Court justices’ ruling came as the nation’s largest association of statisticians, and even the bureau’s own census takers and partners, have been raising questions about the quality of the data being gathered — numbers that are used to determine how much federal funding is allotted to states and localities, and how many congressional seats each states gets.

At issue was a request by the Trump administration that the Supreme Court suspend a lower court’s order extending the 2020 census through the end of October following delays caused by the pandemic. The Trump administration argued that the head count needed to end immediately to give the bureau time to meet a year-end deadline. Congress requires the bureau to turn in by Dec. 31 the figures used to decide the states’ congressional seats — a process known as apportionment.

By sticking to the deadline, the Trump administration would end up controlling the numbers used for the apportionment, no matter who wins next month’s presidential election.

Associate Justice Sonia Sotomayor dissented from the high court’s decision, saying “respondents will suffer substantial injury if the Bureau is permitted to sacrifice accuracy for expediency.”

The Supreme Court decision came in response to a lawsuit by a coalition of local governments and civil rights groups, arguing that minorities and others in hard-to-count communities would be missed if the census ended early. They said the schedule was cut short to accommodate a July order from President Donald Trump that would exclude people in the country illegally from being counted in the numbers used for apportionment.

Last month, U.S. District Judge Lucy Koh in San Jose, California sided with the plaintiffs and issued an injunction suspending a Sept. 30 deadline for finishing the 2020 census and a Dec. 31 deadline for submitting the apportionment numbers. That caused the deadlines to revert back to a previous Census Bureau plan that had field operations ending Oct. 31 and the reporting of apportionment figures at the end of April 2021.

When the Census Bureau, and the Commerce Department, which oversees the statistical agency, picked an Oct. 5 end date, Koh struck that down too, accusing officials of “lurching from one hasty, unexplained plan to the next … and undermining the credibility of the Census Bureau and the 2020 Census.”

An appellate court panel upheld Koh’s order allowing the census to continue through October but struck down the part that suspended the Dec. 31 deadline for turning in apportionment numbers. The panel of three appellate judges said that just because the year-end deadline is impossible to meet doesn’t mean the court should require the Census Bureau to miss it.

The plaintiffs said the ruling against them was not a total loss, as millions more people were counted during the extra two weeks.

“Every day has mattered, and the Supreme Court’s order staying the preliminary injunction does not erase the tremendous progress that has been made as a result of the district court’s rulings,” said Melissa Sherry, one of the attorneys for the coalition.

Besides deciding how many congressional seats each state gets, the census helps determine how $1.5 trillion in federal funding is distributed each year.

San Jose Mayor Sam Liccardo said that his city lost $200 million in federal funding over the decade following the 2010 census, and he feared it would lose more this time around. The California city was one of the plaintiffs in the lawsuit.

“A census count delayed is justice denied,” Liccardo said.

With plans for the count hampered by the pandemic, the Census Bureau in April had proposed extending the deadline for finishing the count from the end of July to the end of October, and pushing the apportionment deadline from Dec. 31 to next April. The proposal to extend the apportionment deadline passed the Democratic-controlled House, but the Republican-controlled Senate didn’t take up the request. Then, in late July and early August, bureau officials shortened the count schedule by a month so that it would finish at the end of September.

The Senate Republicans’ inaction coincided with Trump’s order directing the Census Bureau to have the apportionment count exclude people who are in the country illegally. The order was later ruled unlawful by a panel of three district judges in New York, but the Trump administration is appealing that case to the Supreme Court.

The Supreme Court decision comes as a report by the the American Statistical Association has found that a shortened schedule, dropped quality control procedures, pending lawsuits and the outside politicization of some parts of the 2020 census have raised questions about the quality of the nation’s head count that need to be answered if the final numbers are going to be trusted.

The Census Bureau says it has counted 99.9% of households nationwide, though some regions of the country such as parts of Mississippi and hurricane-battered Louisiana fall well below that.

As the Census Bureau winds down field operations over the next several days, there will be a push to get communities in those two states counted, said Kristen Clarke, president and executive director of the Lawyers’ Committee for Civil Rights Under Law, one of the litigants in the lawsuit.

“That said, the Supreme Court’s order will result in irreversible damage to the 2020 Census,” Clarke said.

___

Follow Mike Schneider on Twitter at https://twitter.com/MikeSchneiderAP

Mike Schneider, The Associated Press

Census

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

The Town of Ponoka and the Alberta Union of Provincial Employees (AUPE) have ratified a new agreement, averting a strike. (File photo from Facebook)
Alberta gov’t ‘using pandemic as shield to lay off workers,’ says AUPE

The Government of Alberta’s “attacks on workers” is continuing with a new… Continue reading

Rocky Mountain House RCMP, EMS, Search and Rescue, STARS air ambulance and Alstrom Helicopters worked together to rescue a fallen ice climber Friday. (Photo contributed by Rocky Mountain House RCMP)
Rocky Mountain House RCMP help rescue fallen ice climber

Rocky Mountain RCMP helped assist a fallen ice climber Friday afternoon. At… Continue reading

Students Association of Red Deer College president Brittany Lausen says she’s pleased the college is offering students a choice to attend class in-person or remotely. (Red Deer Advocate file photo)
Red Deer College winter term enrolment dips

Enrolment down about six per cent but mix of online and in-person instruction is going over well

Brett Salomons, of Salomons Commercial, and Mark Jones, CEO of the Central Alberta Child Advocacy Centre, in the CACAC's new temporary home. (Contributed photo)
Central Alberta Child Advocacy Centre’s One Day Challenge returns

Central Alberta Child Advocacy Centre has announced its One Day Challenge is… Continue reading

Dwayne Buckle, 40 of Red Deer finished a 1,638-kilometre walk, in honour of his family. The 12-week, 82 day-journey wrapped up in Port Hardy, B.C. on Monday. Facebook photo
Red Deer man completes 1,638 km hike for cancer research

Dwayne Buckle, a Red Deer firefighter returned home Friday after his 12-week journey

A Suncor logo is shown at the company's annual meeting in Calgary, Thursday, May 2, 2019. THE CANADIAN PRESS/Jeff McIntosh
Body of worker whose bulldozer fell through ice on inactive tailings pond recovered

FORT MCMURRAY, Alta. — Oilpatch giant Suncor says the body of a… Continue reading

A restaurant manager in Orlando used a sign to secretly ask an 11-year-old boy if he needs help from his family after they were spotted withholding food from him. (Photo courtesy Orlando Police Department)
WATCH: Restaurant manager uses secret note to ‘rescue’ child, says Orlando Police

The manager of an Orlando restaurant is receiving praise from police after… Continue reading

Tourists take photographs outside the British Columbia Legislature in Victoria, B.C., on Friday August 26, 2011. A coalition of British Columbia tourism industry groups is urging the provincial government to not pursue plans to ban domestic travel to fight the spread of COVID-19. THE CANADIAN PRESS/Darryl Dyck
B.C. travel ban will cripple struggling tourism sector, says industry coalition

VICTORIA — A coalition of British Columbia tourism industry groups is urging… Continue reading

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. THE CANADIAN PRESS/Nathan Denette
Provinces work on revised plans as Pfizer-BioNTech shipments to slow down

Quebec and Ontario, the two provinces hit hardest by the COVID-19 pandemic,… Continue reading

The RCMP logo is seen outside Royal Canadian Mounted Police "E" Division Headquarters, in Surrey, B.C., on Friday April 13, 2018. A young snowshoer who set out alone on a rugged mountain trail on Vancouver's north shore Thursday has died. THE CANADIAN PRESS/Darryl Dyck
Snowshoer dies after overnight search on Vancouver-area mountain: RCMP

SQUAMISH, B.C. — A snowshoer who set out alone on a rugged… Continue reading

nunavut
‘It was joyous:’ Sun returns to some Nunavut communities for first time in weeks

IQALUIT — A sliver of orange rose over Cambridge Bay, Nunavut, earlier… Continue reading

People take photos through the extensive security surrounding the U.S. Capitol in Washington, Friday, Jan. 15, 2021, ahead of the inauguration of president-elect Joe Biden and vice-president-elect Kamala Harris. THE CANADIAN PRESS/AP-Susan Walsh
Less pomp, very different circumstances as D.C. prepares to inaugurate Biden, Harris

WASHINGTON — Some pomp. Very different circumstances. Inauguration day is supposed to… Continue reading

Winnipeg Jets' Nathan Beaulieu (88) and Nikolaj Ehlers (27) defend against Jansen Harkins (12) during scrimmage at their NHL training camp practice in Winnipeg, Wednesday, January 6, 2021. THE CANADIAN PRESS/John Woods
Winnipeg Jets cancel practice due to possible COVID-19 exposure

WINNIPEG — The Winnipeg Jets have cancelled their practice today due to… Continue reading

Most Read