https://www.patreon.com/posts/45562047
https://www.patreon.com/posts/45562047
Fox News just admitted:
I can hardly believe it. Democrats are on the cusp of winning BOTH Georgia Senate races.
Fox News even admitted it.
But immediately, Republican Senators Kelly Loeffler and David Perdue took to the airwaves and BEGGED Fox viewers for cash.
They want to outraise us before our End of Week Deadline in 11 hours and hand Democrats everywhere an EMBARRASSING defeat.
I refuse to let that happen.
I will personally ensure every gift is 3X-matched until my deadline to STOP Republicans from stealing seats from our Democrats and ensure Democrats control BOTH houses of Congress for years to come. I need 2,5OO Democrats to make Republicans' plan BACKFIRE. Will you step up with $5?
𝗣𝗘𝗟𝗢𝗦𝗜 𝗧𝗥𝗜𝗣𝗟𝗘 𝗠𝗔𝗧𝗖𝗛: 𝗔𝗖𝗧𝗜𝗩𝗘
Suggested Support: $5 >> dems.me/3qMWQBr
Here's the plan:
-- With all eyes on Georgia, Republicans are desperately hoping we don't catch up to their cash blitz.
-- But now we are TRIPLE-MATCHING all gifts to elect Democrats everywhere.
-- I'm going to shock the GOP by raising 2,5OO gifts and handing them a HUMILIATING defeat.
I'm personally asking for your help to pull this off and hold BOTH houses of Congress for generations. Will you rush a TRIPLE-MATCHED $5 before my critical deadline in 11 hours?
𝗔𝗟𝗟 𝗗𝗖𝗖𝗖 𝗚𝗜𝗙𝗧𝗦 𝗧𝗥𝗜𝗣𝗟𝗘-𝗠𝗔𝗧𝗖𝗛𝗘𝗗 𝗙𝗢𝗥 𝟭𝟭 𝗛𝗢𝗨𝗥𝗦
dems.me/346sC2E
- Nancy
https://www.patreon.com/posts/45002316
I can hardly believe it. Democrats are on the cusp of winning BOTH Georgia Senate races.
Fox News just admitted:
Fox News even admitted it.
But immediately, Republican Senators Kelly Loeffler and David Perdue took to the airwaves and BEGGED Fox viewers for cash.
They want to outraise us before our End of Week Deadline in 11 hours and hand Democrats everywhere an EMBARRASSING defeat.
I refuse to let that happen.
I will personally ensure every gift is 3X-matched until my deadline to STOP Republicans from stealing seats from our Democrats and ensure Democrats control BOTH houses of Congress for years to come. I need 2,5OO Democrats to make Republicans' plan BACKFIRE. Will you step up with $5?
𝗣𝗘𝗟𝗢𝗦𝗜 𝗧𝗥𝗜𝗣𝗟𝗘 𝗠𝗔𝗧𝗖𝗛: 𝗔𝗖𝗧𝗜𝗩𝗘
Suggested Support: $5 >> dems.me/3qMWQBr
Here's the plan:
-- With all eyes on Georgia, Republicans are desperately hoping we don't catch up to their cash blitz.
-- But now we are TRIPLE-MATCHING all gifts to elect Democrats everywhere.
-- I'm going to shock the GOP by raising 2,5OO gifts and handing them a HUMILIATING defeat.
I'm personally asking for your help to pull this off and hold BOTH houses of Congress for generations. Will you rush a TRIPLE-MATCHED $5 before my critical deadline in 11 hours?
𝗔𝗟𝗟 𝗗𝗖𝗖𝗖 𝗚𝗜𝗙𝗧𝗦 𝗧𝗥𝗜𝗣𝗟𝗘-𝗠𝗔𝗧𝗖𝗛𝗘𝗗 𝗙𝗢𝗥 𝟭𝟭 𝗛𝗢𝗨𝗥𝗦
dems.me/346sC2E
- Nancy
Title it at the end...
Started on the date above and colored today Saturday....the 12th...I didn’t edit and just posted...still me! Still not a conflict!
Here’s my struggle-when I think about how much I have to look forward to-there is no forward without work on my part and a process to overcome what has me at like a you know a hummer can like climb a twenty four inch right angle of a stop in the road? That’s what i feel I’m at and literally. Georgia’s runoffs for both seats in the United States Senate have literally our country divided...not divided until it comes down to the literal numbers in Congress. The 117th Congress start as early as January 3rd, and its like tied. I don’t know what the views are from the Incumbents or the I’m sure there is a word that speaks to it better then i am but I’m trying to make it so that i ensure that there is no conflict of interest or compromised character when i say that i have no idea how real of a deadlock our government could be in for the next couple of years-I’ve always been thought that everything works when there is uniformity and i honestly think that comes down to systems possibly outside of the control of what the incumbent or elected individual to that place in our government’s decision is, there could be a systems issue that does come down to political party possibly being in the way.
Um hello, who remembers the Cares act and that it is an individual amount, it is not a stimulus, i wanted to bring that up recently but i think the trying to get through those obstacles that ought to be able to be overcome when there is a reason or a person with the authority and the vote of the people there behind them... the Supreme Court when factored into a systems or thought of zero and ones and this in Georgia means it could be a real paper pushing kind of two years in the 117th congress. Maybe, it wont be like that...and I’m not discrediting anyone for trying i really am not...but i am going to write to
Sarah Palin who are you? Urging the republicans to crush democrats...when i think the only real protections for Alaska to remain alaska and be apart of our land as in, Arizona right here, like Alaska is not...that being said i have no doubt that the Democratic Party’s systems in place, the incumbency, with the variance on the supreme court siding with human rights back in June of last year-all of that could have been said without all these weighted words that are pretty violent. Crush, a soda, a man in a trunk in a junk yards getting compressed, what happens to a can after being rinsed to then recycled... I know that you may not have fit in and still may not when it comes to defined words that make up or in law, law the parties in to legalities...like, I’m not sure that would have ever been RBG’s/small caps (and if its thought over small caps and small capitals are the same and for now forward... sometimes not to be perfect...) i dont know that legislature like that and executive like this its not the courts do or don’t...its not be brought up...
And when it is brought up or spoken to-yeah, it could be whats it called if i referenced a blowjob right now....or was like see my disrespectful ass really is getting better no political party insinuations to be made...i am a democrat, i will try my hardest to make so that one day my kids pour kids just are like....omg before Alzheimer’s or something gets to much what party are you dad...like, what about you dad? Both of you? Like this whole time and....
That how i think it might be if i don’t influence but just provide information or guide towards and then let their lived experience become, the morals become, and their views in politics become...without me saying come on come on or whatever it might look like if i were something i don’t want to be.
I cant wait to say that me and some people can side look and not even be... you know and yet I’m saying free will, doing your best with the freedom of choice, and a due process-i don’t know what anything else i would have to say if i had truly done my best or at least tired, cuss worded up, like-i have no place to validity give advice or recs to, but you know...like the animal kingdom in Alaska might be like where they go? I’m sure they know...but the matter at hand is that Georgia is fantastic...it really is...I’ve had the pleasure of doing more then just riding out on an aircraft....literally, eating in the neighborhood where a reassurance served a smoking desert that wasn’t on fire and ikea and mostly from what i recall African American culture or living there is pretty stellar as in many be they don’t feel they are different or something-they aren’t but there are differences present...
Like, i don’t know if the people i know will vote one wya or another or if I’m able to sway them-I’m not...if anything sometimes i think i paint a picture of what is and somehow another person maybe able to then decide something....
Like, the urging to cross party lines and vote for Joe Biden now president elect officially official and he and Ms. Vice President elect are the time magazine people of the year...and it all resonates... in what manner i may seriously have to answer for reaching but if i could ever speak to some Republican statements about the NDAA-the national defense authorization act-the support is there in many different ways with criticisms or areas to improve on once those committees convene as the one currently is convened then will be addressed to follow the votes hopefully, like the numbers, the statements in support, all had me in olive with our country all over again and all they had to do was crafty legislation and process it and let it rest and then vote and then give statements about it all-and I’m like there is no doubt in my mind that yes some may not, but the overwhelming majority of legislature has our back and our best interests at heart as well as then our options or sentiments on the actual areas of the issue that allow for movement within the law and laws and whats again safe and protective and its just phenomenal but the president again is attacking military with some legislatures doing the same but also to their peers...I’m like, this is so real, there is no referee though...the only type of umpire there is rests in us as constituency. In that, to call bad form or speak to it is something i hope I continue to do, but also that anyone who feels a certain difference wherever there wasn’t... like when i think of Georgia and not knowing the individuals running to senators being re-elected possibly...i do have to urge that the Democratic Party just like with Alaska will ensure and protect....no matter what... no one gets sacrificed or abandoned-I’m not homeless anymore, and just now changed my political party preference to democrat after the General election...and i was housed before that cause I put my new physical address...i was literally still a republican in Alabama
Ike I had voted a certain type of was to Fe but that’s enough but was still registered even then...my point to make without a tone of influence or humor is that as humorous as that all is in my recanting of it all... the facts are true, the situation in Georgia is adversity in politics defined as i see it related to the money that the Republican Party is acknowledging the potential for that assertion of a majority vote and if its precedent premised of the past it will be disregarding our well-being and our backs where the vote is to be literally....in the impeachment proceedings and vote speaker pelosi stopped that before it is even my though put that something so criminal like rendering a guilty verdict when one is innocent because of political preference or affiliation....there is a quote, go search and read the article it’s a process for both kind of where speaker of the House of Representatives was put into a true speaker of the house....speaker pelosi followed her instinct and saved our country by having the servant at arms present and speaking with having instituted some real authority over anything to be able to say you vote as you and not as your party there’s something more but i don’t know how it all would, have gone down but that’s not proper for me to do right now... I don’t have to concern myself with any what if’s because the House of Representatives were true to the people...please write to your representatives to vote for speaker pelosi to remain in office as speaker of the house....it’s the 117th Congress, it’s possibly her last years as speaker and the first female speaker of the House of Representatives our country has ever had and no one else would have been able to do the outcomes that have become like the removal of the permissions for the articles of war after decades of being permitted by congress but also under her time as speaker of the house, the impeachment...please, I urge the constituents who feel writing is called for to ask their representatives to vote for Congresswoman Nancy pelosi to be the speaker for two more years in what could come and also for ensuring that’s what has become remains...and small caps/all of justice Ruth Bader Ginsburg’s advocacy and then landmarks and duh dissents will remain as best as can be done...there is so much in these positions and a Vice President-elect, Vice President elect Kamala Harris is so up to this within the dual roles she’s accepted that its again irrational for me to fear that a man would feel inferior or something so that a make representative and a Republican would replace speaker rpelosi to cause turmoil and break all of this into pieces...I’m not saying that it will happen that way... but the time for going with for gut to me but also separate is their lawmaking and incumbency that speaks for itself-no, the president elect and the three successors should god forbid anything happen to anyone or whatever.... they are all the pillars of our government oh Supreme Court justices stop nudging me in support I’m getting all nervous because you don’t have a say in this...I love it...the court has no pull in any of this.....unless there is something outside normals which cuss word is a lot of normals that could happen but at the top all of what might have been sabotage or espionage or a double incumbent like a double agent... I have to probably do this again...but then I’d get stuck or get digressed...
Cuss word, so here’s my true liberal decision to be, as in being based off of kind of or in reinforcing that I had a lot of misbeliefs or beliefs to just mean things said....so small caps is thought to be and started to be liberal and in that liberal for women’s suffrage. True statements and the way that was all paved has so many men being the victims with women being the infringed....read Conversations with RBG....like the small caps comes front he first page...and the authors words, and then I’m on page 27-I don’t know whats to come in the book, i can follow up and redefine my support in saying the work that is liberal is nothing like what i was always communicated to for what is liberal. If liberal is a man receiving the same stipend as a women when the roles are in opposite like primary worker v not the primary worker....thats what the advocacy work at the ACLU looks like....I’m like, cuss word i don’t even put that into the mix with my parents cause if i did i would be a mute-see i can be rational. And still an asshole-but if you honk its ok...there is or could be a first for everything and i had nothing to do with it its all small caps fault.
I will be honest I contributed financially to the democrats in Georgia-there is 67 million dollars in the difference in ads or efforts there so far...the republicans have acknowledged the importance, could be setting a distraction, and it’s known that the Republican side is different financially, socioeconomically, education in college or university, and money and criminal records....thats the whole reason they may not chose to build housing...put the people who need housing, and yes you have to fit certain applications criterion to be a competitve applicant and thats not true competitive wise but i will say that i hate that i feel like red states don’t have resources for those whip need it because fo where their vote will be casket at the polls or the mailbox.... they don’t have a physical address they have a hard time voting and then that all changes with being housed. It could be that the need is not documented or trended, that people may not require what i do as a mess...i don’t know...but i will write to Senator Jon Ossoff and Rev. Warnock to ask them to communicate their stance on bipartisanship, commit to issue of and Constituency as the motive and not political agenda or the buddy system...it don’t like that....i don’t.
Again, in Georgia-its also the systems-if i can state anything it is that if those seats are not filled with democrats there may never be any pandemic relief, economic relief, or paycheck protections...that was available, the vote wasn’t in regard for the bill but to majority the the narrow majority in numbers and we are....yes, i like the democrats running, but in the systems and in the core values i have to urge voting for the two senators or senator to be’s as is a new congress, voting for the two senate seats ultimately your own...like don’t let me go against your gut honestly, but look it up or if not I’m nothing but trying to do good. I have no motivations, the republicans that are in support of the president veto’ing NDAA are either setting the present up and/or do not have good intentions for the people...I promise i do....and no matter the optician if you and i write to them with fervor for the issue the letter is I regarding then yay, get ready cause cspan is honestly really interesting....honestly...like for real...and the stock men wont have to get up by themselves now, cause ill be up at 3! Maybe not everyday, but sometimes and just in what i read-not to ensure that they are true to their words or purpose, but that i have it in my awareness, was true in my writing, and also to not leave them after after counting to three and then not taking off to the finishing line but going for ice cream instead.
Hi, here is a Wikipedia link...¡I’m hoping very much they exhume-see what is, and then what becomes becomes! I’m sure I’m not underestimating but in efforts of the first one exhumed to then discover what may lie beneath-I think it’s consented for and even more then that...something that has never been done I don’t believe-or at least then possibly laying in state again!
https://www.patreon.com/posts/43893900
SUPREME COURT OF THE UNITED STATES
No. 20A62
WILBUR ROSS, SECRETARY OF COMMERCE, ET AL. v.
NATIONAL URBAN LEAGUE, ET AL. ON APPLICATION FOR STAY
[October 13, 2020]
The application for stay presented to JUSTICE KAGAN and by her referred to the Court is granted. The district court’s September 24, 2020 order granting a preliminary injunc- tion is stayed pending disposition of the appeal in the United States Court of Appeals for the Ninth Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.
JUSTICE SOTOMAYOR, dissenting from grant of stay. Today, the Court stays a preliminary injunction requir-
ing the Census Bureau to follow the data collection plan the agency once described as necessary to avoid “risking signif- icant impacts on data quality.” Electronic Case Filing in No. 5:20–cv–5799, Doc. 198–7 (ND Cal., Sept. 22, 2020), p.
131 (ECF). The injunction required the Bureau to continue its data collection efforts until October 31, 2020, a deadline the Bureau itself selected in response to the significant op- erational disruptions caused by the COVID–19 pandemic. The Government now claims that this Court’s immediate intervention is necessary because, absent a stay, the Bu- reau will not be able to meet the December 31 statutory deadline for reporting census results to the President. This
representation is contrary to the Government’s repeated as- sertions to the courts below that it could not meet the stat- utory deadline under any circumstances. Moreover, meet- ing the deadline at the expense of the accuracy of the census is not a cost worth paying, especially when the Government has failed to show why it could not bear the lesser cost of expending more resources to meet the deadline or continu- ing its prior efforts to seek an extension from Congress. This Court normally does not grant extraordinary relief on such a painfully disproportionate balance of harms.
I
In April 2020, the Bureau extended the deadline for self- responses to the census questionnaire and for its Non- Response Follow-Up field operation from July 31, 2020, to October 31, 2020. In the words of the Bureau’s associate director for field operations, it was “ludicrous” to expect the Bureau to “complete 100% of the nation’s data collection earlier than [October 31]” in the middle of a pandemic. _ F. Supp. 3d , , 2020 WL 5739144, *6 (ND Cal., Sept. 24, 2020).
The Bureau also rescheduled its anticipated report to the President. Under the Census Act, the Secretary of Com- merce must deliver to the President a report conveying the results of the census by December 31, 2020. 13 U. S. C.
§141(b). The Bureau, however, moved this deadline to April 30, 2021. President Trump did not initially object, publicly stating that “ ‘I don’t know that you even have to ask [Con- gress]. This is called an act of God. This is called a situa-
tion that has to be.’ ” F. Supp. 3d, at , 2020 WL
5739144, *37. The Bureau nonetheless requested that Con- gress formally extend the December 31 statutory deadline by 120 days. The House of Representatives passed a bill extending the deadline, and on July 23, 2020, a Senate Committee held a hearing on the bill.
On August 3, 2020, however, two weeks after President
Trump announced his intent to exclude undocumented im- migrants from the population base for congressional appor- tionment, Secretary Ross announced the “Replan Sched- ule.” Under the Replan Schedule, data collection would end on September 30, 2020. The administration simultaneously stopped pushing Congress to extend the reporting deadline by 120 days.
II
Respondents, who are advocacy groups, cities, counties, and Native tribes, sued to enjoin the Replan Schedule. The District Court issued detailed factual findings, concluding that respondents had demonstrated a likelihood of success on the merits of their claim that the Bureau’s reversal was arbitrary and capricious,1 and that the harms to respond- ents absent an injunction vastly outweighed any harm the injunction would cause the Government. The court prelim- inarily enjoined the Replan Schedule’s September 30 dead- line for completing data collection (i.e., the deadline for in- dividuals to complete the census questionnaire and for the Bureau to wrap up its field operations) and the December 31 deadline for reporting the results to the President. The District Court subsequently clarified that the Bureau’s original October 31 deadline for data collection would be re- instated. The Court of Appeals for the Ninth Circuit re- versed the injunction as to the December 31 deadline, but affirmed the reinstatement of the October 31 deadline. The Government now asks this Court to intervene and stay the
——————
1 Specifically, the District Court concluded that respondents were likely to succeed because the Government failed to consider important aspects of the problem; the Replan Schedule ran counter to the evidence before the agency; the Government failed to consider an alternative to and articulate a satisfactory explanation for its decision to adopt the Re- plan; and the Government failed to consider reliance interests of munic- ipalities and organizations who publicized the October 31 deadline to their communities. _ F. Supp. 3d _, – _, 2020 WL 5739144, *29–
*45 (ND Cal., Sept. 24, 2020).
entire injunction.
I would deny a stay of that injunction. An applicant for a stay “must demonstrate (1) ‘a reasonable probability’ that this Court will grant certiorari, (2) ‘a fair prospect’ that the Court will then reverse the decision below, and (3) ‘a likeli- hood that irreparable harm [will] result from the denial of a stay.’ ” Maryland v. King, 567 U. S. 1301 (2012) (ROBERTS, C. J., in chambers) (quoting Conkright v. From- mert, 556 U. S. 1401, 1402 (2009) (Ginsburg, J., in cham- bers)). The Government fails to demonstrate that the in- junction is likely to cause it irreparable harm. Regardless of the merits of respondents’ claims, this failure, alone, re- quires denying the requested stay.
The Government articulates a single harm: that if data collection continues through October 31, the Bureau will not meet the December 31 statutory deadline to report cen- sus results to the President. But it is unlikely the District Court’s injunction will be the cause of the Bureau’s inability to do so. Indeed, for months, senior Bureau officials have represented that, whatever the data collection deadline, meeting the December 31 reporting deadline would be im- possible. See F. 3d _, , 2020 WL 5940346, *6 (CA9, Oct. 7, 2020) (“[T]he President, Department of Commerce officials, Bureau officials, and outside analysis from the Of- fice of the Inspector General, the Census Scientific Advisory Committee, and the Government Accountability Office all stated unequivocally, some before and some after the adop- tion of the Replan, that the Bureau would be unable to meet [the December 31] deadline under any conditions”). Only recently have officials begun to claim that the Bureau might yet be able to meet the statutory deadline, and even then, their story keeps changing. See ibid. (noting that the Government’s representation that it could meet the statu- tory deadline if it ended collection by October 5 was at odds with the September 22 declaration of a senior Bureau offi- cial). It is in fact far from clear why the Government now
believes that the December 31 deadline was feasible under the Replan Schedule but is impossible under the injunction. Notably, the Government fails to explain why it cannot meet the statutory deadline by adding resources to acceler- ate data processing as it did with data collection. App. to Application for Stay 117a (Census Bureau press release ex- plaining that the Replan Schedule required “hiring of more employees to accelerate the completion of data collection and apportionment counts”).
That the Bureau has provided “ever-changing projec- tions” about the impact of the data collection deadline on its statutory deadline is understandable given the complexity of the census and the unanticipated impact of the COVID– 19 pandemic. F. 3d, at , 2020 WL 5940346, *7; see also F. Supp. 3d, at – , 2020 WL 5739144, *4–*6. But those ever-changing projections demonstrate that any harm attributable to the injunction is at best uncertain, and, more likely, nonexistent. This is especially true given that, until recently, the Bureau sought an extension of the December 31 statutory deadline, and Congress had made significant progress toward granting it. The Bureau’s ab- rupt shift in focus from achieving an accurate count to meeting its deadline at all costs belies its newfound concern for issuing its report by December 31. See New York v.
Trump, F. Supp. 3d , , 2020 WL 5796815, *2
(SDNY, Sept. 29, 2020) (“As [the Government] admits, there is no magic to the deadline for the Secretary’s Section 141(b) report” to the President).
In contrast to the Government’s unsupported claims of ir- reparable harm, respondents will suffer substantial injury if the Bureau is permitted to sacrifice accuracy for expedi- ency. As the District Court found, and the Ninth Circuit credited, “[a]n inaccurate count would affect the distribu- tion of federal and state funding, the deployment of ser- vices, and the allocation of local resources.” F. Supp. 3d, at , 2020 WL 5739144, *46; _ F. 3d, at , 2020
WL 5940346, *6. The Government attempts to downplay that risk by asserting that over 99 percent of households in 49 States are already accounted for.2 Reply Brief 6. But even a fraction of a percent of the Nation’s 140 million households amounts to hundreds of thousands of people left uncounted. See ECF Doc. 81–1, ¶ 36 (ND Cal., Sept. 4, 2020). And significantly, the percentage of nonresponses is likely much higher among marginalized populations and in hard-to-count areas, such as rural and tribal lands. Id., ¶ 12 (discussing the Bureau’s plan to develop “culturally rel- evant advertisements targeting hard-to-count communi- ties”); Response to Application 30. When governments al- locate resources using census data, those populations will disproportionately bear the burden of any inaccuracies. See Department of Commerce v. New York, 588 U. S. , (2019) (slip op., at 10) (States “show[ed] that if noncitizen households are undercounted by as little as 2% . . . they will lose out on federal funds that are distributed on the basis of state population”). It is thus unsurprising that, for the 2010 census, the Bureau continued its field operations for a full month after reaching the 99 percent threshold that the Government now deems good enough. See Response to Ap- plication 29–30 (citing Dept. of Commerce, Bureau of Cen- sus, A. Jackson, 2010 Census Nonresponse Followup Oper- ations Assessment Report 47 (2012)). The harms caused by
——————
2 Although this claim bears significant weight for the Government’s ar- gument, the emergency posture of this case prevents this Court from properly evaluating the claim’s accuracy. For example, as the District Court found, Government oversight bodies have repeatedly warned that accelerating the census schedule “increases the risks to obtaining a com- plete and accurate 2020 Census.” _ F. Supp. 3d, at – , 2020 WL 5739144, *8–*9. Yet the Government addresses data quality concerns primarily in a footnote. Application for Stay 7–8, n. 3; Reply Brief 6–7. Without more, the Government’s bald assertion that its collection efforts are 99 percent complete cannot support its request for extraordinary relief.
rushing this year’s census count are irreparable. And re- spondents will suffer their lasting impact for at least the next 10 years.
* * *
The Government has not satisfied its “especially heavy burden” to justify a stay pending appeal of the lower court’s injunction. Packwood v. Senate Select Comm. on Ethics, 510 U. S. 1319, 1320 (1994) (Rehnquist, C. J., in chambers). Because the harms associated with an inaccurate census are avoidable and intolerable, I respectfully dissent from the grant of stay.
Cite as: 592 U. S. ____ (2020) 1 SOTOMAYOR, J., dissenting
SUPREME COURT OF THE UNITED STATES
_________________
No. 20A62 _________________
WILBUR ROSS, SECRETARY OF COMMERCE, ET AL. v. NATIONAL URBAN LEAGUE, ET AL.
ON APPLICATION FOR STAY [October 13, 2020]
The application for stay presented to JUSTICE KAGAN and by her referred to the Court is granted. The district court’s September 24, 2020 order granting a preliminary injunc- tion is stayed pending disposition of the appeal in the United States Court of Appeals for the Ninth Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.
JUSTICE SOTOMAYOR, dissenting from grant of stay.
Today, the Court stays a preliminary injunction requir- ing the Census Bureau to follow the data collection plan the agency once described as necessary to avoid “risking signif- icant impacts on data quality.” Electronic Case Filing in No. 5:20–cv–5799, Doc. 198–7 (ND Cal., Sept. 22, 2020), p. 131 (ECF). The injunction required the Bureau to continue its data collection efforts until October 31, 2020, a deadline the Bureau itself selected in response to the significant op- erational disruptions caused by the COVID–19 pandemic. The Government now claims that this Court’s immediate intervention is necessary because, absent a stay, the Bu- reau will not be able to meet the December 31 statutory deadline for reporting census results to the President. This
2 ROSS v. NATIONAL URBAN LEAGUE SOTOMAYOR, J., dissenting
representation is contrary to the Government’s repeated as- sertions to the courts below that it could not meet the stat- utory deadline under any circumstances. Moreover, meet- ing the deadline at the expense of the accuracy of the census is not a cost worth paying, especially when the Government has failed to show why it could not bear the lesser cost of expending more resources to meet the deadline or continu- ing its prior efforts to seek an extension from Congress. This Court normally does not grant extraordinary relief on such a painfully disproportionate balance of harms.
I
In April 2020, the Bureau extended the deadline for self- responses to the census questionnaire and for its Non- Response Follow-Up field operation from July 31, 2020, to October 31, 2020. In the words of the Bureau’s associate director for field operations, it was “ludicrous” to expect the Bureau to “complete 100% of the nation’s data collection earlier than [October 31]” in the middle of a pandemic. ___ F.Supp.3d ___, ___, 2020 WL 5739144, *6 (ND Cal., Sept. 24, 2020).
The Bureau also rescheduled its anticipated report to the President. Under the Census Act, the Secretary of Com- merce must deliver to the President a report conveying the results of the census by December 31, 2020. 13 U. S. C. §141(b). The Bureau, however, moved this deadline to April 30, 2021. President Trump did not initially object, publicly stating that “ ‘I don’t know that you even have to ask [Con- gress]. This is called an act of God. This is called a situa- tion that has to be.’ ” ___ F. Supp. 3d, at ___, 2020 WL 5739144, *37. The Bureau nonetheless requested that Con- gress formally extend the December 31 statutory deadline by 120 days. The House of Representatives passed a bill extending the deadline, and on July 23, 2020, a Senate Committee held a hearing on the bill.
On August 3, 2020, however, two weeks after President
Cite as: 592 U. S. ____ (2020) 3
SOTOMAYOR, J., dissenting
Trump announced his intent to exclude undocumented im- migrants from the population base for congressional appor- tionment, Secretary Ross announced the “Replan Sched- ule.” Under the Replan Schedule, data collection would end on September 30, 2020. The administration simultaneously stopped pushing Congress to extend the reporting deadline by 120 days.
II
Respondents, who are advocacy groups, cities, counties, and Native tribes, sued to enjoin the Replan Schedule. The District Court issued detailed factual findings, concluding that respondents had demonstrated a likelihood of success on the merits of their claim that the Bureau’s reversal was arbitrary and capricious,1 and that the harms to respond- ents absent an injunction vastly outweighed any harm the injunction would cause the Government. The court prelim- inarily enjoined the Replan Schedule’s September 30 dead- line for completing data collection (i.e., the deadline for in- dividuals to complete the census questionnaire and for the Bureau to wrap up its field operations) and the December 31 deadline for reporting the results to the President. The District Court subsequently clarified that the Bureau’s original October 31 deadline for data collection would be re- instated. The Court of Appeals for the Ninth Circuit re- versed the injunction as to the December 31 deadline, but affirmed the reinstatement of the October 31 deadline. The Government now asks this Court to intervene and stay the
——————
1Specifically, the District Court concluded that respondents were
likely to succeed because the Government failed to consider important aspects of the problem; the Replan Schedule ran counter to the evidence before the agency; the Government failed to consider an alternative to and articulate a satisfactory explanation for its decision to adopt the Re- plan; and the Government failed to consider reliance interests of munic- ipalities and organizations who publicized the October 31 deadline to their communities. ___ F. Supp. 3d ___, ___–___, 2020 WL 5739144, *29– *45 (ND Cal., Sept. 24, 2020).
4 ROSS v. NATIONAL URBAN LEAGUE SOTOMAYOR, J., dissenting
stay “must demonstrate (1) ‘a reasonable probability’ that this Court will grant certiorari, (2) ‘a fair prospect’ that the Court will then reverse the decision below, and (3) ‘a likeli- hood that irreparable harm [will] result from the denial of a stay.’ ” Maryland v. King, 567 U. S. 1301 (2012) (ROBERTS, C. J., in chambers) (quoting Conkright v. From- mert, 556 U. S. 1401, 1402 (2009) (Ginsburg, J., in cham- bers)). The Government fails to demonstrate that the in- junction is likely to cause it irreparable harm. Regardless of the merits of respondents’ claims, this failure, alone, re- quires denying the requested stay.
The Government articulates a single harm: that if data collection continues through October 31, the Bureau will not meet the December 31 statutory deadline to report cen- sus results to the President. But it is unlikely the District Court’s injunction will be the cause of the Bureau’s inability to do so. Indeed, for months, senior Bureau officials have represented that, whatever the data collection deadline, meeting the December 31 reporting deadline would be im- possible. See ___ F. 3d ___, ___, 2020 WL 5940346, *6 (CA9, Oct. 7, 2020) (“[T]he President, Department of Commerce officials, Bureau officials, and outside analysis from the Of- fice of the Inspector General, the Census Scientific Advisory Committee, and the Government Accountability Office all stated unequivocally, some before and some after the adop- tion of the Replan, that the Bureau would be unable to meet [the December 31] deadline under any conditions”). Only recently have officials begun to claim that the Bureau might yet be able to meet the statutory deadline, and even then, their story keeps changing. See ibid. (noting that the Government’s representation that it could meet the statu- tory deadline if it ended collection by October 5 was at odds with the September 22 declaration of a senior Bureau offi- cial). It is in fact far from clear why the Government now
entire injunction.
I would deny a stay of that injunction. An applicant for a
Cite as: 592 U. S. ____ (2020) 5
SOTOMAYOR, J., dissenting
believes that the December 31 deadline was feasible under the Replan Schedule but is impossible under the injunction. Notably, the Government fails to explain why it cannot meet the statutory deadline by adding resources to acceler- ate data processing as it did with data collection. App. to Application for Stay 117a (Census Bureau press release ex- plaining that the Replan Schedule required “hiring of more employees to accelerate the completion of data collection and apportionment counts”).
That the Bureau has provided “ever-changing projec- tions” about the impact of the data collection deadline on its statutory deadline is understandable given the complexity of the census and the unanticipated impact of the COVID– 19 pandemic. ___ F. 3d, at ___, 2020 WL 5940346, *7; see also ___ F. Supp. 3d, at ___–___, 2020 WL 5739144, *4–*6. But those ever-changing projections demonstrate that any harm attributable to the injunction is at best uncertain, and, more likely, nonexistent. This is especially true given that, until recently, the Bureau sought an extension of the December 31 statutory deadline, and Congress had made significant progress toward granting it. The Bureau’s ab- rupt shift in focus from achieving an accurate count to meeting its deadline at all costs belies its newfound concern for issuing its report by December 31. See New York v. Trump, ___ F. Supp. 3d ___, ___, 2020 WL 5796815, *2 (SDNY, Sept. 29, 2020) (“As [the Government] admits, there is no magic to the deadline for the Secretary’s Section 141(b) report” to the President).
In contrast to the Government’s unsupported claims of ir- reparable harm, respondents will suffer substantial injury if the Bureau is permitted to sacrifice accuracy for expedi- ency. As the District Court found, and the Ninth Circuit credited, “[a]n inaccurate count would affect the distribu- tion of federal and state funding, the deployment of ser- vices, and the allocation of local resources.” ___ F. Supp. 3d, at ___, 2020 WL 5739144, *46; ___ F. 3d, at ___, 2020
6 ROSS v. NATIONAL URBAN LEAGUE SOTOMAYOR, J., dissenting
WL 5940346, *6. The Government attempts to downplay that risk by asserting that over 99 percent of households in 49 States are already accounted for.2 Reply Brief 6. But even a fraction of a percent of the Nation’s 140 million households amounts to hundreds of thousands of people left uncounted. See ECF Doc. 81–1, ¶ 36 (ND Cal., Sept. 4, 2020). And significantly, the percentage of nonresponses is likely much higher among marginalized populations and in hard-to-count areas, such as rural and tribal lands. Id., ¶ 12 (discussing the Bureau’s plan to develop “culturally rel- evant advertisements targeting hard-to-count communi- ties”); Response to Application 30. When governments al- locate resources using census data, those populations will disproportionately bear the burden of any inaccuracies. See Department of Commerce v. New York, 588 U. S. ___, ___ (2019) (slip op., at 10) (States “show[ed] that if noncitizen households are undercounted by as little as 2% . . . they will lose out on federal funds that are distributed on the basis of state population”). It is thus unsurprising that, for the 2010 census, the Bureau continued its field operations for a full month after reaching the 99 percent threshold that the Government now deems good enough. See Response to Ap- plication 29–30 (citing Dept. of Commerce, Bureau of Cen- sus, A. Jackson, 2010 Census Nonresponse Followup Oper- ations Assessment Report 47 (2012)). The harms caused by
gument, the emergency posture of this case prevents this Court from properly evaluating the claim’s accuracy. For example, as the District Court found, Government oversight bodies have repeatedly warned that accelerating the census schedule “increases the risks to obtaining a com- plete and accurate 2020 Census.” ___ F. Supp. 3d, at ___–___, 2020 WL 5739144, *8–*9. Yet the Government addresses data quality concerns primarily in a footnote. Application for Stay 7–8, n. 3; Reply Brief 6–7. Without more, the Government’s bald assertion that its collection efforts are 99 percent complete cannot support its request for extraordinary relief.
——————
2 Although this claim bears significant weight for the Government’s ar-
Cite as: 592 U. S. ____ (2020) 7
SOTOMAYOR, J., dissenting
rushing this year’s census count are irreparable. And re- spondents will suffer their lasting impact for at least the next 10 years.
***
The Government has not satisfied its “especially heavy burden” to justify a stay pending appeal of the lower court’s injunction. Packwood v. Senate Select Comm. on Ethics, 510 U. S. 1319, 1320 (1994) (Rehnquist, C. J., in chambers). Because the harms associated with an inaccurate census are avoidable and intolerable, I respectfully dissent from the grant of stay.
I feel like there is and there is is...stellar-
Distractions are real-or I digress...words are things, I feel that they are...but only because I was fortunate enough to be shared with...
There hasn’t been much word from The President about the lockdowns happening in other countries. ‘Well, Republican administration’ doesn’t feel proper when the party line vote by the Republican Party from the House to the Senate-its so hurtful. Honestly it really is-the opportunity was there, for it to not be negligence or intensive or murderous not to mention the possible accusation of trying to use sickness against people all over the world-hang on though.... (no hierarchy to speak of-two chambers, two separate matters, one chamber passed the bill, the other did not pass the bill-both as separate or combined is party lined Republican assertion of their government/their party over the issues resolved in the bill)
Ok ok ok- so, oig thank you and special oig special thank you... okokok so here is a dissent from Justice (I think I’m supposed to put associate justice but until some of this is found out-If I could write it to be that laws written could be placed literally into someone I would-so okokok I have to not put anyone on blast or you know... The dissent is phenomenal bipartisan-ship-premised-serendipitous care and concern and authority in that of read the dissent- I promise! It will literally save lives-thank you. The email is from British Broadcasting Corporation-I have so much to be in an email subscription or newsletter that I can’t help but smile.
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