Media Center

Today Senator Brian Schatz (D-HI) introduced the Census FACTS Act to ensure that future censuses do not see the unprecedented level of political malfeasance and politicalization that plagued the 2020 Census count.  The Census Federal Advisory Committee on Transparency and Standards (Census FACTS) Act charges Congress and President Biden to create an expert, nonpartisan committee to identify the specific problems encountered during the 2020 Census -- including political interference by the Trump Administration; the COVID-19 pandemic; and the level of transparency, public participation, and responsiveness on the part of the Census Bureau in making its policy decisions. In highlighting these problems and making recommendations to fix them, the committee established by the Census FACTS Act would help to restore the public confidence in the Census Bureau. Separately, the bill also clarifies the Reapportionment Act of 1929 to ensure that total population is used in Congressional redistricting.

Today, the Census Bureau released apportionment data, which determines the number of representatives in the House of Representatives for each state and the Electoral College. Undoubtedly, this census endured unprecedented challenges from the COVID-19 pandemic, which disrupted, delayed, or canceled virtually every census operation. This was exacerbated by the political interference from the previous administration, including attempts to add an untested, eleventh-hour citizenship question to the census form and unconstitutionally exclude noncitizens from the apportionment totals.

Today, our country is headed in a different direction – and we welcome the change.  Today, the nation under President Joe Biden and Vice President Kamala Harris charted a new course of aspiration and hope for every American regardless of the color of their skin or who they voted for on Election Day. We have turned away from a wayward course that undermined our democratic norms, truth, values, institutions, and the rule of law.

“Common Cause believes that the Supreme Court must act before the dagger is in the heart of our Constitution. The Administration has made clear its intention to erase millions of people from the census and has engaged in multiple steps to advance its plot to sabotage the Census count,” said Kathay Feng, Common Cause National Redistricting Director. “We are counting on the Supreme Court to protect our most vulnerable families and our constitution.” 

Today, Common Cause filed an amicus brief in the United States Supreme Court in Trump v. New York, urging the court to uphold the three lower court rulings blocking the Trump administration’s attempt to omit undocumented immigrants from the census numbers used for the apportionment of seats in the U.S. House of Representatives. Three lower courts have ruled that President Trump’s memorandum ordering this unprecedented change violates the U.S. Constitution and federal statutes governing the census and apportionment.