Last night, Missouri voters passed a state constitutional amendment that could lead to the redrawing of legislative districts based on the number of U.S. citizens old enough to vote rather than of all residents. From Amendment 3: sos.mo.gov/CMSImages/Elec…
2. It's not clear exactly how "one person, one vote" will be interpreted when Missouri's voting maps are redrawn.
In general, states draw voting districts based on the total population, i.e., census numbers of every person living in an area, regardless of citizenship status.
3. Drawing voting districts based on the number of U.S. citizens old enough to vote "would be advantageous to Republicans and Non-Hispanic Whites," wrote GOP strategist Thomas Hofeller, who advocated for adding a citizenship question to census forms: documentcloud.org/documents/6077…
4. If you're wondering if it's legal to draw voting districts based on the number of eligible voters rather than of all residents, the U.S. Supreme Court left that an open question back in 2016. From #SCOTUS majority opinion in Evenwel v. Abbott: supreme.justia.com/cases/federal/…
5. Meanwhile, the Census Bureau's on track to release the block-level citizenship data needed to redraw voting districts based on eligible voters. There was no citizenship question on the #2020Census, but Trump admin pushed ahead with government records.
6. The ingredients for a potential Supreme Court fight over who counts when state legislative districts are redrawn are lining up.
By the way, this is separate from the ongoing #SCOTUS fight over who counts when congressional districts are redrawn: npr.org/2020/10/22/919…
7. A sponsor of Missouri's Amendment 3, Republican state Sen. Dan Hegeman, has said drawing voting districts based on "one person, one vote" means using a count of "people that are able to vote." From 56:44 of audio of Jan. 29 Missouri Senate floor debate: media.senate.mo.gov/DebateArchive/…
8. During Aug. 28 court hearing, Missouri Solicitor General D. John Sauer told appeals court Judge Alok Ahuja that redistricting based on "one person, one vote" means it's "based on the number of actual eligible voters in a relevant district as opposed to an absolute population"
9. Here's the audio of the Aug. 28 oral arguments before the Missouri Western District Court of Appeals in Pippens et al v. Ashcroft et al: drive.google.com/file/d/1rL_8dD…
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On Friday, the Census Bureau's internal experts released recommendations for how to comply with Trump admin's directive to create citizenship data that a GOP strategist said would be "advantageous to Republicans & Non-Hispanic Whites" during redistricting: www2.census.gov/ces/wp/2020/CE…
2. It's worth remembering the Census Bureau working group that wrote this technical paper was formed when the Trump admin was saying that block-level citizenship data (produced through a citizenship question on census forms) were needed to better enforce the Voting Rights Act...
3. ...and after the Supreme Court found that using the Voting Rights Act as the justification for the now-blocked citizenship question appeared to be "contrived," the Trump admin dropped that talking point and focused on redistricting. That history is summed up in this footnote:
BREAKING: A second federal court has blocked President Trump’s attempt to exclude unauthorized immigrants from the census numbers that determine each state’s share of House seats. The 3-judge court in California declares Trump's memo is unconstitutional. assets.documentcloud.org/documents/7274…
2. "The policy which the Presidential Memorandum attempts to enact has already been rejected by the Constitution, the applicable statutes, & 230 years of history," write 9th Circuit Judge Richard Clifton, District Judge Lucy Koh & District Judge Edward Chen in Northern California
3. The 3-judge court in California has issued a permanent injunction blocking the commerce secretary & Census Bureau from delivering to the president any report with info about unauthorized immigrants in each state and that's part of the decennial census. assets.documentcloud.org/documents/7274…
NEW: The Census Bureau's career staff will decide how much time it will take to prepare #2020Census apportionment counts and may not be able to meet the legal reporting deadline of Dec. 31, Al Fontenot, the bureau's associate director for the census, said during a press briefing.
2. The Census Bureau began softening the ground on whether it can still meet the Dec. 31 reporting deadline for #2020Census apportionment counts with this Oct. 16 statement:
3. As for the March 31, 2021 legal reporting deadline for state redistricting data from the #2020Census, Al Fontenot said the Census Bureau "cannot say for certain" right now if it needs more time. "We're constantly evaluating that," Fontenot added.
BREAKING: The Supreme Court has agreed to hear a #2020Census case on Nov. 30, increasing the potential for President Trump to try to exclude unauthorized immigrants from the numbers used to reallocate House seats while in office
2. Since the first U.S. census in 1790, the numbers of U.S. residents who are counted to determine each state's share of congressional seats have included both citizens and noncitizens, regardless of immigration status. npr.org/2020/10/16/917…
3. Here is the link to the #SCOTUS order that schedules oral arguments for Nov. 30 (which is already a packed day for the justices): supremecourt.gov/orders/courtor…
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NEW: DOJ attorney John Coghlan tells a federal court in Maryland the Trump admin doesn't know what groups of unauthorized immigrants — other than those in ICE detention centers — it could feasibly exclude from the census numbers used to reallocate House seats per Trump's memo.
2. But the three-judge court in Maryland sounded very skeptical that the Census Bureau does not have plans given what the bureau's Associate Director Al Fontenot said in this court filing:
3. At multiple points, the 3-judge court asked, and DOJ attorney John Coghlan avoided directly answering, what "other Presidential Memorandum–related outputs" the Census Bureau plans to provide to the commerce secretary by Jan. 11, 2021. Coghlan said it's a "dynamic" process.