San Diego Union-Tribune

JUDGE: CENSUS CONTINUES THROUGH OCT.

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A federal judge has ordered that the 2020 Census continue until Oct. 31, blocking for now the government’s efforts to complete the survey in time to deliver apportionm­ent data to the president by the end of the year.

The ruling late Thursday night by U.S. District Judge Lucy Koh of the Northern District of California follows a week in which the government appeared to try to circumvent a preliminar­y injunction against ending the count early.

After a surprise announceme­nt Monday that the bureau was moving the end date by just five days, from Sept. 30 to Oct. 5, plaintiffs in the case asked Koh to provide clarificat­ion of her earlier order and other sanctions.

Rejecting the government’s argument that the request was “an attempt to radically modify the preliminar­y injunction,” Koh’s new ruling clarified that the end date for collection must revert to Oct. 31, as the bureau had originally planned.

It also ordered that on

Friday, the government must send text messages to all Census Bureau employees notifying them of the Oct. 31 end date, and that Director Steven Dillingham must file a declaratio­n by Monday that “unequivoca­lly confirms Defendants’ ongoing compliance with the Injunction Order and details the steps Defendants have taken to prevent future violations of the Injunction Order.”

The suit, brought by the National Urban League and a group of counties, cities and others, said a truncated schedule would irreparabl­y harm communitie­s that might be undercount­ed.

The Justice and Commerce department­s did not respond to requests for comment.

The government had appealed Koh’s Sep. 24 injunction to the U.S. Court of Appeals for the 9th Circuit, which denied the appeal Tuesday.

Neverthele­ss, Koh found that after her injunction, the government continued to tell employees to wind down operations by Sept. 30, and the Census Bureau’s website, “which is updated daily,” continued for four days after her injunction to say that data collection would end that day.

The ruling said the court had received “a slew of emails from enumerator­s across the country that include supervisor texts with erroneous informatio­n and that express concern about the ending of field operations without adequate counts.”

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