San Francisco Chronicle

Judge rules census count must not be ended early

- By Bob Egelko

A federal judge has blocked the Trump administra­tion’s plan to end the 2020 census count a month early and said administra­tion officials knew, but failed to disclose, that the speedup would lead to an inaccurate population count.

U.S. District Judge Lucy Koh of San Jose issued a nationwide injunction Thursday night requiring the Census Bureau to return to its previous schedule of contacting households and counting residents through Oct. 31. The bureau had announced Aug. 3 that it would end censustaki­ng on Sept. 30 so that it could deliver the results to President Trump by the legal deadline of Dec. 31.

The onceperdec­ade population count determines each state’s number of seats in the House of Representa­tives and is used by federal officials to apportion $1.5 trillion in funds per year.

In the Aug. 3 announceme­nt, the Census Bureau said the shortened schedule would not affect the accuracy of the count. But less than two weeks earlier, Koh said, a bureau official issued a memo saying the speedup would lead to a census of “unacceptab­le quality.” And the Census Bureau’s associate director for field operations wrote that anyone who thought the results could be delivered by Dec. 31 “has either a mental defi

ciency or a political motivation.”

While the Census Bureau was publicly declaring that it would meet the deadline by hiring additional staff and increasing training, Koh said, the bureau’s own reports showed it had only 38% of the censustake­rs it needed.

In ordering the speedup, Koh said, administra­tion officials violated “their constituti­onal and statutory obligation­s to produce an accurate census” and “offered an explanatio­n that runs counter to the evidence.”

She said the evidence showed that the Census Bureau “had received pressure from the Commerce Department” to shorten its schedule. Commerce Secretary Wilbur Ross was appointed by Trump.

The Trump administra­tion said Friday it will ask the Ninth U.S. Circuit Court of Appeals in San Francisco to overturn Koh’s ruling.

Acting in a lawsuit by civil rights groups and local government­s, Koh had issued a restrainin­g order Sept. 6 requiring the Census Bureau to maintain fullscale operations while she considered whether to extend the census through October. She acted in response to a Justice Department court filing that said the bureau “has already begun taking steps to conclude field operations” in areas with high response rates.

Trump is also seeking to exclude undocument­ed immigrants from the census count, an action that could strip House seats from California and other states with large immigrant population­s. A federal court in New York has ruled against the president’s proposal, but the administra­tion has appealed to the Supreme Court.

Derrick Johnson, chief executive of the NAACP, a plaintiff in the suit over the census schedule, said, “The decision to continue the census will ensure proper attention is given to overlooked and unreported areas that need to be counted the most.”

Virginia Kase, chief executive of the League of Women Voters, another plaintiff, called the ruling “a victory for democracy.”

Koh was appointed to the court by President Barack Obama in 2010 and nominated by Obama to the Ninth Circuit in February 2016. With Republican­s in the majority, her nomination won approval from the Senate Judiciary Committee but never received a confirmati­on vote on the Senate floor.

“The continue decision the to census will ensure proper attention is given to overlooked and unreported areas that need to be counted the most.”

Derrick Johnson, chief executive of the NAACP

 ?? Paul Sancya / Associated Press ?? A judge ruled that the 2020 census count must continue through Oct. 31 as originally scheduled.
Paul Sancya / Associated Press A judge ruled that the 2020 census count must continue through Oct. 31 as originally scheduled.

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