The 2020 Census has been sent to the Supreme Court yet again, this time over the Administration’s plans to end field enumeration and non-response follow-up efforts early and to rush the timeline for producing Constitutionally-mandated redistricting and reapportionment data. As previously reported, a federal judge required counting efforts for the 2020 Census to continue until the end of October. The Administration has appealed that ruling to the Supreme Court to allow it to end enumeration activities as soon as possible in order to shift the operation to producing data by the end-of-year statutory deadline.
Many Census experts—including the Census Bureau itself—have said that it is all but impossible to produce these data accurately within the statutorily-set timeframe and have urged the Bureau to take more time to produce complete counts for redistricting and reapportionment.
Meanwhile, Congress could resolve this uncertainty by passing legislation that extends the deadlines—as had been originally requested by the Trump Administration and proposed in COVID-19 relief and standalone legislation. However, with negotiations on COVID-19 packages stuttering and Congress leaving for the election, progress seems unlikely before the Court has the opportunity to weigh in. We will continue to follow this closely and report on new developments.