Sunday Cartoon Blogging – October 18, 2020

If confirmed, Amy Coney Barrett’s first major case on the Supreme Court could be Trump’s plan to remove undocumented immigrants from the Census count. This will cost states like California, Illinois and New York multiple Congressional seats, and billions in federal funding:

“The Supreme Court announced Friday that it will review President Trump’s attempt to exclude undocumented immigrants when calculating how congressional seats are apportioned among the states.”

A three-judge panel in New York said that Trump’s July 21 memorandum on the matter was “an unlawful exercise of the authority granted to” him by Congress. It blocked the Commerce Department and the Census Bureau from including internally generated information about the number of undocumented immigrants in their reports to the president after this year’s census is completed.

The census does not ask a citizenship question, so how the Census Bureau would come up with the immigration status of people counted is as a practical matter, suspect.

The Supremes put the case on a fast-track, saying that they will hold a hearing Nov. 30. By then, it will likely again be a nine-member court, assuming Judge Amy Coney Barrett is confirmed. It’s unclear how the case will divide the court. But the Census is yet another issue that has been transformed from a largely bureaucratic exercise into a partisan battle.

The decision to hear the case follows the Supreme Court’s earlier decision that the Trump administration could stop the Census count of Americans immediately, instead of on October 31.

This newest controversy involves the Constitutional mandate that apportionment of seats in the House of Representatives be based on the “whole number of persons in each State.” That has been interpreted to mean every resident, regardless of immigration status. But this summer, Trump issued a memorandum that said: “It is the policy of the United States to exclude from the apportionment base aliens who are not in a lawful immigration status.”

Trump directed Commerce Secretary Wilbur Ross to provide him with two sets of numbers, one that includes unauthorized immigrants and one that does not, “to the maximum extent feasible and consistent with the discretion delegated to the executive branch.”

Thus, the need for a decision about the Constitutionality of counting every person. We’ll see what happens. On to cartoons:

Coney Barrett says she’s a neutral arbiter of the law. Tell that to the Elephant:

Amy Coney Barrett keeps her opinions close to the robe:

It’s a felony to intimidate voters or obstruct voting. Coney Barrett says she can’t say if that’s illegal. The Constitution states that Congress shall determine the date of the election. Coney Barrett says she can’t say whether or not a president could unilaterally postpone an election.

A competent judge should have acknowledged explicit text in federal statutes and the Constitution itself, while reserving the right to apply it to a specific set of facts that might be presented to her.

Our Election Day fear:

Voting no longer takes just a few minutes:

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The Looming Census Problem

The Daily Escape:

Breckinridge, CO – July 2020 photo by doughboyme

(The Wrongologist is taking a summer vacation starting today. We will return on August 9th. Wrongo urges all readers to also take a break. Got to get ready for the silly season that starts soon.)

Time to talk 2020 census. The Census Bureau’s follow-up visits to non-responding households were originally scheduled to begin in early May, but they were delayed by a freeze on census field operations due to the COVID-19 pandemic.

In April, the Trump administration asked Congress to extend the deadlines for the Census Bureau to turn in their head count data. The Census Bureau independently postponed finishing field operations for the census from the end of July to the end of October.

The House agreed to the extensions, but the Senate hasn’t. Senate Republicans on Monday instead proposed additional funding as part of their HEAL bill to help conclude the census on time, without extending the deadline.

The Census Bureau is required to turn over numbers for apportioning Congressional seats by Dec. 31, and the numbers to be used for redrawing state and local legislative districts by March 30. The requested deadline extensions would push back the apportionment deadline to April 30 for Congress, and to July 31 for state and local districts.

The politics of these decisions are clear. Trump no longer wants a deadline extension, and he doesn’t want undocumented residents counted at all.

The timing of Trump’s memorandum excluding the undocumented and his abandonment of the request to push back the reporting deadlines suggests that the White House wants to ensure that the numbers are undercounted. Also, that Trump  receives the apportionment numbers while he’s still in office so they can be fixed if necessary.

House Democrats are wary of what they see as Trump’s attempts to politicize the 2020 census, and want the Senate Republicans to approve the request for deadline extensions. That would mean there’s a chance the final months of the data-crunching would take place under a Biden administration, assuming Biden defeats Trump in November.

Staying on the usual deadline probably means that many people, documented or not, won’t be counted. Only about 63% of Americans have been counted so far. That means about 55 million households haven’t responded, and will require visits by census takers.

The Census Bureau is about to send its 500,000 door-knockers out to begin surveying households that haven’t yet answered the questionnaire, and Pew Research says it will be difficult to get them to open their doors:

“Among those who say they have not participated in the census, 40% say they would not be willing to talk to a census worker who came to the door…”

The 40% breaks down into 16% who say they’re unwilling to talk to the Census people at all, and 24% say they are not very willing to speak with them.

So, what does it all mean for apportioning Congressional seats?

The job is to use the census data to equitably assign the House’s 435 seats to the 50 states. The first 50 seats are automatically assigned, one per state. A series of formulas called the method of Equal Proportions is used to divide up the remaining 385 seats among the states on the basis of their populations. The method of Equal Proportions was first used to apportion House seats in 1940 and has been used ever since.

The apportionment population of a state is defined as all persons residing in the state as of April 1, plus all American military and civilian personnel of the federal government and their dependents from that state who were residing abroad.

At the last census in 2010, the states receiving the largest number of seats were California with 53; Texas with 36 seats, and then Florida and New York with 27 apiece. Alaska, Delaware, Montana, North Dakota, South Dakota, Vermont, and Wyoming each received only one seat, the one they are granted automatically.

Sabato’s Crystal Ball at the University of Virginia did a preliminary estimate of how the House seats will be distributed once the 2020 census is in. It obviously is a projection, but the results are shown on this map:

Of the 10 states projected to lose one House seat each in 2020, only two are red states. Of the seven states projected to gain House seats in 2020, six are red states.

If the 2020 apportionment followed Trump’s plan to exclude undocumented immigrants, this would be the outcome:

Eight states will lose nine seats with California leading the way. Seven of the eight seats lost would be in blue states.

Seven states would gain nine seats: Texas and Florida would gain two each. Six of the gains would be in red states.

Remember that a state’s votes in the Electoral College are equal to its seats in Congress. It’s not hard to see why Trump wants an undercount that favors Texas and Florida.

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