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Tonight, Common Cause filed motions for expedited review and summary judgment in its challenge to President Trump’s memorandum requiring the exclusion of undocumented people from being counted in the congressional apportionment base following the 2020 census.  Should the court find summary judgment unavailable, Common Cause moved in the alternative for an expedited trial on the merits. The motions filed in the U.S. District Court for the District of Columbia in Common Cause v. Trump urge the court to expedite proceedings so that a final judgment and appeal to the U.S. Supreme Court can be completed before January  2021, when the President is scheduled to send apportionment numbers to Congress. 

Today, Common Cause amended its challenge to President Trump’s memorandum requiring the exclusion of undocumented people from being counted in the census for congressional apportionment, adding new co-plaintiffs and new causes of action. The amended complaint in Common Cause v. Trump now includes the City of Dayton, Ohio; the City of Portland, Oregon, five new organizational plaintiffs, and a total of sixteen (16) additional individual plaintiffs of diverse backgrounds from California, Texas, and New Jersey (in addition to preexisting individual plaintiffs from Florida and New York). 

Americans expect and deserve more from their President in the midst of a pandemic and an economic crisis than a photo op and phony posturing at a golf club. Unwilling and unable to negotiate with Congress to deliver a relief package to a nation reeling from COVID-19, President Trump resorted to unconstitutional half measures that will do little to address the serious issues facing the nation.

The Census is the bedrock of our democracy, and we cannot afford to politicize the count. But that is exactly what political appointees to the Census Bureau are doing in reversing course and shortening the enumeration period against the recommendations of career staff who insisted they required additional time to conduct an accurate census count during the COVID-19 pandemic. 

Americans expect and deserve elected representatives who put the interests of their constituents and the health of our democracy first – especially when both are threatened by a pandemic. But instead, the Senate Republicans’ long-overdue COVID-19 relief package undermines the accuracy of the 2020 census, gives corporations the immunity they’ve lobbied for, slashes weekly jobless aid, and short-changes our democracy all in one fell swoop. Senate foot-dragging on this relief package already allowed the eviction moratorium in the CARES Act to expire – likely adding disenfranchisement to the host of life-altering problems faced by thousands of newly-homeless Americans.

Today, Common Cause filed suit in the U.S. District Court for the District of Columbia challenging President Trump’s July 21 memo ordering the exclusion of undocumented immigrants from the apportionment of seats in Congress. In that memorandum, the President purported to exclude those undocumented immigrants from reapportionment for the first time in our nation’s history, and ordered the Department of Commerce to assist him in that effort, in violation of both the U.S. Constitution and federal statutes.