San Francisco Chronicle

Second group of judges blocks Trump’s order on census tally

- By Mike Schneider Mike Schneider is an Associated Press writer.

For the second time in two months, a panel of federal judges on Thursday blocked President Trump’s effort to exclude people in the U. S. illegally from being counted during the process of divvying up congressio­nal seats by state.

The decision from a panel of three district judges in California went further than last month’s ruling by a panel of three federal judges in New York by saying that Trump’s order in July not only was unlawful but also violated the constituti­on. The New York judges ignored the question of the order’s constituti­onality and just said it was unlawful.

“The policy which the Presidenti­al Memorandum attempts to enact has already been rejected by the Constituti­on, the applicable statutes, and 230 years of history,” the judges in California wrote.

The Trump administra­tion has appealed the New York decision to the Supreme Court, and the nation’s high court agreed to hear the case next month.

Other challenges to Trump’s order are pending in Maryland, Massachuse­tts and the District of Columbia.

The Department of Justice, which is representi­ng the Trump administra­tion, didn’t immediatel­y respond to an email inquiry Thursday.

The case was heard before a panel of three district judges since it deals with how many congressio­nal seats each state gets based on population figures from the onceadecad­e census — a process known as apportionm­ent. Any appeal can bypass an appellate court and go straight to the Supreme Court.

During arguments earlier this month, Trump administra­tion attorneys told the judges that any challenge to the order was premature and should wait until the apportionm­ent numbers are turned in at year’s end.

Advocacy groups said the Census Bureau is rushing the dataproces­sing phase in order to meet a Dec. 31 deadline for turning in numbers used for divvying up the congressio­nal seats. The census also determines the distributi­on of $ 1.5 trillion in federal spending each year.

“The bureau urgently needs more time to process the data,” said Vanita Gupta, president and CEO of The Leadership

Conference on Civil and Human Rights.

Bureau statistici­ans started crunching the numbers only last week after the Supreme Court ruled the Trump administra­tion could stop the head count of every U. S. resident, leaving them only two and a half months to process apportionm­ent data collected from the nation’s households.

The Census Bureau originally planned to have five months for processing the apportionm­ent data under a plan that was developed in response to the pandemic. Under that plan, field operations would have been extended through Oct. 31, and data processing of the apportionm­ent numbers would have continued through April 2021.

But the Commerce Department, which oversees the Census Bureau, decided to end the count early so that data processing would be finished by Dec. 31.

Sticking to a Dec, 31 deadline would have allowed the Trump administra­tion to control the data processing of the apportionm­ent numbers no matter who wins the presidenti­al election next month. That would give the Commerce Department the opportunit­y to implement a Trump order attempting to exclude people in the country illegally from the apportionm­ent count, according to civil rights groups and local government­s.

Meanwhile, the Census Bureau is still figuring out a method for determinin­g the citizenshi­p status of every U. S. resident. During a news conference on Wednesday, bureau officials refused to answer whether carrying out the order was feasible at this point.

The federal judges in California sided with a coalition of individual­s and government­s that had sued the Trump administra­tion, arguing the order discrimina­tes against people based on race, ethnicity, and national origin. The coalition included the state of California; the city of San Jose and the counties that are home to Houston and Seattle.

 ?? J. Scott Applewhite / Associated Press 2019 ?? Immigratio­n activists rally last year outside the Supreme Court after the justices agreed to hear arguments over the Trump administra­tion’s plan to ask about citizenshi­p on the 2020 census.
J. Scott Applewhite / Associated Press 2019 Immigratio­n activists rally last year outside the Supreme Court after the justices agreed to hear arguments over the Trump administra­tion’s plan to ask about citizenshi­p on the 2020 census.

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