Advocates Continue Fight to Protect 2020 Census After Supreme Court Punts on Trump’s Unlawful Apportionment Policy

Census and Data Equity News 12.18.20

FOR IMMEDIATE RELEASE 

Contact: Charmaine Riley, [email protected], 202.548.7166

WASHINGTON – After the U.S. Supreme Court dismissed a challenge to the Trump administration’s unlawful executive memorandum in Trump v. New York as premature, Beth Lynk, director of the Census Counts Campaign at The Leadership Education Fund, issued the following statement: 

“Although the Supreme Court did not rule on the merits of this case, three separate lower courts have ruled that this policy is unlawful, with one court ruling that it is also unconstitutional. Trump’s scheme is a blatantly xenophobic ploy to exclude millions of undocumented immigrants. If the administration tries to implement this policy, we will not stop fighting efforts to erase marginalized communities.

“Moreover, the Trump administration’s own argument in front of the Court underscores the fact that experts at the Census Bureau need more time for data processing. This ruling does not change the fact that Congress must fulfill its duty to protect the accuracy of the 2020 Census by extending the statutory reporting deadlines.”

BACKGROUND

  • The Court’s per curiam and dissenting opinions for Trump v. New York are available here.
  • The Leadership Conference’s previous statement on Trump v. New York can be found here.
  • Under Section 2 of the Fourteenth Amendment of the Constitution, “representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed.” As Republican and Democratic administrations have consistently concluded, there is nothing unclear about, nor a hidden meaning behind, the constitutional requirement that apportionment be based on the number of persons living in the United States: “Persons” means “persons,” and that means everyone.
  • Three lower court panels have already blocked the Trump administration from implementing the memorandum. Furthermore, the Census Bureau has indicated that it cannot possibly produce accurate data for apportionment before President Trump leaves office.
  • The Government Accountability Office recently released a report raising concerns that the Census Bureau’s compressed timeline for reporting could threaten the accuracy of 2020 Census data.

The Leadership Conference on Civil and Human Rights is a coalition charged by its diverse membership of more than 220 national organizations to promote and protect the rights of all persons in the United States. The Leadership Conference works toward an America as good as its ideals. For more information on The Leadership Conference and its member organizations, visit www.civilrights.org.