Census Bureau Files Brief in Case over Timing of When States Can Receive Census Data

The Census Bureau has filed this brief in State of Ohio v Raimondo, s.d., 3:21cv-64. This is the case in which Ohio is suing the Census Bureau for being late with census data that the state says it must have. The Census Bureau says it is impossible to have the data by March 31. Furthermore, it says Ohio can go ahead with redistricting even before the data is available.

The hearing is March 19.


Comments

Census Bureau Files Brief in Case over Timing of When States Can Receive Census Data — 48 Comments

  1. Including INVADERS [aka illegal immigrants] in CENSUS pop stats = SUBVERSION OF 14-2.

    TOO MANY RED COMMIE HACKS, LAWYERS, JUDGES, MEDIA, ETC. TO COUNT TRYING TO OVERTHROW USA CONST 24/7.


    14-2 CENSUS — COUNT ONLY *PERMANENT* USA CITIZENS AND LEGAL FOREIGN FOLKS AT THEIR RESIDENCES IN STATES / DC / COLONIES. NOTE 14-1.

    NOOOO COUNT SUCH INVADERS AND ALL TEMPORARY FOLKS – USA CITIZENS / FOREIGN – ESP STUDENTS / TOURISTS, ETC.

    DIFFICULT ONLY FOR RED COMMIE LAWLESS TYRANTS.

    1922 FED/STATE/LOCAL GERRYMANDER DISTRICTS- TO BE RIGGED AT 4 AM ON A SUNDAY MORNING IN MANY AREAS.

  2. Where does it say “legal”? It says “counting the whole number of persons in each state, excluding Indians not taxed.” Indians are now taxed, so that part is irrelevant. Whether someone is documented or not, they are persons in a state. They do pay all sorts of taxes too. They have always been counted in every single census before, during and after the passage of the 14th amendment.

  3. 1-8-1, 15
    The Congress shall have Power ***
    To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
    1-10-3
    No State shall *** engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
    4-4
    The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; ***.

    —–
    NOOO mention about ***armed or unarmed*** invaders in any invasion.

    Mass invasion shortly from Mexico with bleeding heart RED commie Biden ???

    TOO many RED commie invader lovers on this list ???

    Try to ***invade*** Russia or RED China and see what happens to your body.

    See invaders in olde W. Roman Empire in 180 – 476 AD.

    History means ZERO to New Age ***results*** based lawless tyrants.

  4. Evidently it also needs to be repeated that the overriding responsibility of this Court is to the Constitution of the United States, no matter how late it may be that a violation of the Constitution is found to exist.
    Chessman v. Teets, 354 U.S. 156, 165 (1957).

    —–
    SCOTUS holding off the New Age RED commie M-O-B ???

  5. You’re speaking complete gibberish. There’s nothing about immigration that remotely resembles an armed military invasion and for that matter the federal government has no constitutional authority to limit immigration to begin with, but even if it did, the second clause of the 14th amendment says nothing about legal or illegal residents, it just says persons. Your desire to have the USA be more like China or Russia in its policies is duly noted however. Those policies are no small part of why people clamor to leave those nations. Rather than enter them. Apparently you’d rather have the USA become one of the countries people are dying to leave, rather than one of the ones they are dying to get into. I’d rather it be the other way around.

  6. Immigration is controlled by USA regime via the 1-8-3 commerce cl and 1-8-4 uniform naturalization cl.

    What will bleeding heart RED commie Biden do when a ZILLION-ZILLION-ZILLION wannabee invaders attempt to cross the Rio Grande River on the south side of Texas and south borders of CA-AZ-NM ???

    Same for Guvs, cops and militia in such 4 States ???

    Militia = USA const. law status – like juries.

    Militia name perverted by USA gerrymander Congress in 1903 [so-called *National Guard*] – part of T. Roosevelt monarchy

    — destroy the States – esp State officers in command of Militia units — 1-8-16.

  7. It was, yesterday. And you are a troll as well as a pig, “fact checker.”

  8. Per Department of Commerce to State of Ohio v Raimondo, s.d., 3:21cv-64, it used to be rare for a federal department to issue such an mind-boggling totally asinine and ludicrous defense of its demonstrable incompetence. Used to be, but not any more.

    An erosion of what Commerce tries to nuance–a distinction between “merely” directory versus mandated–supposedly justifies slothful indifference to duty. We now endure annual fiscal September 30th budgets that aren’t even completed in the wee hours of New Year’s Eve. Commerce suggests we wait for another decade to pass before publishing the Census? Then what? Another century?

    That Census is a “15.6-billion-dollar endeavor [that] culminated in the constitutionally mandated headcount conducted last year.” Commerce took that money, pocketed it and wants to impose upon taxpayers [formerly under Trump, now under Biden] another half assed undelivered service? Ohio has no standing? Seriously?

    Hey baby, every swinging jack wagon out here has standing to demand that the Commerce Department get off its indolent haunches and produce that “directed/mandated” count. Enough is enough.

    Stick that “I’m okay you’re okay” nobody’s responsible routine…Commerce “understands” Ohio’s “frustration of its expectation that the Census Bureau will follow the timelines prescribed in 13 U.S.C. § 141(c)”. Frustration? Nay. Not ain’t the half of it.

  9. “counting the whole number of persons in each state, excluding Indians not taxed.”

    To paraphrase Bill Clinton, it all depends on the meaning of “in”.

  10. “Finally, it would be inequitable to “require an agency to render performance that is impossible.”

    So says the Department of Commerce…AFTER its gluttonous employees pocketed (by their own admission) $15.6 BILLION and counting without any evidence they will ever render Census data.

    And they have the unmitigated gall to talk about “inequitable”? What Commerce is really saying is that THEY are in charge, and it’s just too damned bad if taxpayers expect to get what they pay for in a timely manner.

    These federal employees (all of them) should be disabused of their delusion…by handing out terminal pink slips accompanied with a forensic accounting by a federal grand jury.

  11. I am not normally for passing novel legislation, but in this case I say pass an “economic recovery act”…by placing liens on all federal Department of Commerce employees involved with the Census.

    Seize their bank accounts, their real estate, their pensions and even the lint out of their freaking pockets upon the stroke of zero hundred hours, April Fool’s Day unless the 2020 Census data be produced.

    I’m taking dollars to doughnuts that Commerce would all of a sudden find a “possible” and a post haste means to get that Census published well within the time allotted by the US Code.

  12. @Dave,

    Necessary and proper clause gives the Congress authority to implement the Census. They have interpreted “in” as usual residence. Someone who is not legally present can not establish residence.

  13. @WZ,

    I’ll assume that you have read my latest installment in the previous Ohio thread.

    In Wesberry v Sanders, the SCOTUS decided that if representatives are elected by district that there should be equality of numbers among the districts. Since the first congressional requirement for districts was in 1842, and some states had been electing by district since 1789, this means that the SCOTUS believed that the slave population should be weighted at 3/5 in devising districts, and that slaveowners should have more political power than those who did not own slaves.

    That is, they made it up based on feel-goods that can violate equal protection of voters.

    District courts all throughout the country were left with trying to fashion remedy. They looked at 2 USC 2a(c) for the remedy. If the existing districts were unconstitutional, then there should be at-large elections “until” there were lawful districts. They were harmonizing statute with the Constitution.

    Alarmed, Congress passed 2 USC 2c, which dictates district elections. This is the law that DR has referred to. But both 2 USC 2c and 2 USC 2a(c) remain in statute even though they are contradictory.

    Interestingly, Congress has not set any statutory standards for congressional districts, and does not require them to be based on the US Census.

  14. In their surreply, Ohio says they are only asking for the release of redistricting data three months after the apportionment numbers are released.

    By April 30, they will know how many persons were in Ohio, but won’t be able to report where in Ohio they were until six months later.

  15. “In” has come to mean different things to different sectors of the population.

    Foreign students are “in” the country and state for the census, whereas US students abroad are not.

    Foreign visitors are not “in” the country, for the census, yet, if a vistor has a child here, the child is “in” (This is how Bruce Lee was born a US citizen. He would have neen eligible to be President, whereas, Arnold Schwarzeneggar is not)

    US troops deployed abroad are “in” the state from which they were stationed before they deployed.

    So, if a foreign student overstays his visa, is he still “in” the country? Is a vistor who overstays a visitor visa suddenly “in” the country for the census?

  16. They misinterpreted then. There’s nothing about usual residence that implies legally. Everyone lives somewhere. A person brought to this country without government permission at one month old has a residence 40 years later as much as someone whose parents did have such permission or were already here. Any court that says otherwise belongs in a mental asylum. I never said the census was not authorized… but maybe they are trying to do too much. The question forms ought to be trimmed. It sounds like they bit off more than they can chew with the information overload. I’m sure the pandemic didn’t help either.

  17. But wait, it gets worse. Some of you believe someone who was born in the USA to undocumented parents isn’t “legal” either. The oldest mother according to verified records was 66 at the time of the child’s birth. The oldest father was 96. The oldest person was 122 at the time of death. Suppose that those parents were undocumented immigrants to the USA just after they were born. 122 years after being born to a 66 year old mother, 188 years after that mother was born just a day short of reaching the border, her daughter isn’t a person in a state? Yes, some of you are that crazy. What about her children, grandchildren and so on? A thousand years later, will their descendants be persons in a state, or still “illegal invaders” because their distant ancestor didn’t have a government permission slip to cross a border?

  18. Insanity is letting illegal aliens into the country without checking for coronavirus. Insanity is allowing illegal aliens to deplete the welfare state. Insanity is allowing illegal aliens to steal jobs.

    The immigration problem was already resolved by Trump’s policies and his deal with Mexico. Biden has fucked it all up.

  19. No human being is illegal, the welfare state is far from “depleted,” immigrants pay more into the system than they take out, jobs can’t be “stolen,” and this appears to be the only time you’re worried about coronavirus, which probably won’t be a problem in a few months. However, even if everything you said was true, it would still be insane to claim that someone is an “illegal invader” and not a person in a state because their ancestor thousands of years earlier immigrated without government permission or because his or her mother immigrated without government permission 100 plus years earlier a day after being born.

  20. You failed to follow the logic with the 100 or 1000 year thing. And you’re veering off topic. The topic was the census, not immigration in general. As for the law, it should be changed. But even if you think it shouldn’t, that’s not a valid reason to pretend that people who have been in the country for years and even decades are on some other country that they may not even remember or for that matter even have been in, if they were born along the way. It would be an even less valid reason to pretend that people whose ancestors didn’t have government permission to immigrate generations earlier aren’t in the country.

  21. MILLIONS OF 1789 ONWARD *LEGAL* IMMIGRANTS GOT REGISTERED WITH A LOCAL USA MARSHAL AND WAITED 5 YEARS – THEN TOOK THE OATH OF ALLEGIANCE TO THE USA CONST / REGIME – RENOUNCING ANY ALLEGIANCE TO THEIR FOREIGN FORMER NATION-STATE.

    USA NATURALIZATION RECORDS SINCE 1790 NAT. LAW BIT BETTER THAN OLDE 1775-1789 STATE RECORDS ???

    NOT SURE MORE – CURRENT USA CITIZENS VIA 1775-1789 STATE FOLKS OR POST 1789 LEGAL IMMIGRANTS.

    NATION-STATE ALLEGIANCE STATUS/ CHAIN VIA FATHERS.
    ———-

    HARRIS IS NOT A NATBORNCIT (NBC) {LAST SENT. IN 12 AMDT) SINCE HER FATHER WAS NOT A USA CITIZEN THE SECOND SHE WAS BORN IN 1964.

    NOT SURE IF SHE IS ANY SORT OF USA CITIZEN — OR JUST A LEGAL (???) FOREIGN RESIDENT.

    SAME MESS WITH B. OBAMA.

    NOW IN THE REALM OF DE FACTO OFFICERS — ***UNDER COLOR OF OFFICE*** STUFF.

  22. AMERICAN INDIANS WERE DEEMED MEMBERS OF INTERNAL ***FOREIGN*** REGIMES.

    AFTER 1607-1890 GENOCIDE OF THEM, THE FEW SURVIVORS WERE MADE NATURALIZED USA CITIZENS IN 1924 AND 1940 USA LAWS.

    LOTS OF ILLEGAL FOLKS IN USA DUE TO FARMERS WANTING CHEAP LABOR (WITH LATER BROKEN BACKS) TO GROW/HARVEST FARM CROPS — NOW MANY IN UNDERPAID CONSTRUCTION JOBS, LANDSCAPING, ETC.

    NO [NOT YET] COMPARISON OF ALLEGIANCE RECORDS AND SOCIAL NON-SECURITY RECORDS.

  23. You’re also nuts, and why are you yelling? Almost all immigrants would be happy to follow the legal process, but the extremely discriminatory and byzantine immigration laws make it impossible for most.

  24. Those ***discriminatory and byzantine immigration laws*** [and ALL other laws] were written by ALL the gerrymander HACKS in Devil City since 1789 — ie their special interest gang puppet masters.

  25. Fortunately, Trump lost fair and square, so the immigrants (not invaders) won’t have to pay attention to a senile president like Trump. We now have a president who is mentally competent and fit after four long years of being embarrassed on the world stage by that bloated, delusional, orange, hot air balloon of a tantrum prone overgrown toddler. Thank God.

  26. Biden is not the panacea you apparently champion him to be. Neither are Democrats.

    And while a respite from 24/7 blathering incendiary non-sensical Tweets from the Rotunda One is admittedly a welcomed quiet, this nation has intractable (if not existential) problems which neither hyper-partisan “team”–red or blue–seem capable of resolving, or even interested in doing so. Apparently, all they’ve got is internecine warring, and deformed souls.

    One thing is certain, despite cheerleading efforts to distract. Liberty ain’t the ends that either “team” seeks. So, spare the frosting. Just because you paste sugar on a pasture pie don’t make it no birthday cake.

  27. The Census Bureau has agreed to release the PL 94-171 data in a legacy format sooner than later.

  28. I don’t think Biden is any kind of panacea. He’s a relief from Trump and at least so far the best president since Kennedy and the early years of LBJ before he got mired down in Vietnam, but it’s far too early in his first term to gauge how he’ll end up being remembered. LBJ started out being very promising and ended up badly. Carter was probably a big relief after the corruption of Nixon and the bumbling of Ford, but didn’t end up well either. Clinton and Obama survived eight years each intact but were far too tepid and appeasing to the Republicans. We can’t know yet how Biden will compare, only that early signs are good.

  29. If we are lucky, Biden will end up being like FDR if WWII never happened. FDR started out strong and continued strong, never wavering. He would have been remembered well, and rightly so, if he had retired at the end of two terms and fascism hadn’t been on the march in Europe and Asia. Trump is a mix of the worst parts of Herbert Hoover and Richard Nixon in terms of historical comparison, so we’ll see if Biden ends up more like FDR or more like Jimmy Carter.

  30. Trump answered unplanted questions from the press almost every day. He was constantly in the public and didn’t need to read off a teleprompter. Biden is a senile Soros puppet kept out of public and bows to China.

  31. Wow, what a bunch of drivel. I feel sorry for you if you actually believe that nonsense. I’ve seen numerous interviews, town halls etc with both of them. Biden is clearly in better health, both mentally and physically, despite being slightly older.

  32. Biden – one more communist in trend of Donkey communism since 1890

    super-esp 1913-1921 Wilson WWI –
    super-esp 1933-1945 FDR Great Depression I worsened – WW II –
    super-esp 1963-1969 LBJ Vietnam War – prelude to 1965-1982 hyper-inflation –
    super-esp 2009-2017 Obama – Great Depression II worsened

    — with each Donkey communist MONSTER loving the $$$ Billions/now Trillions in added USA regime debts.

    Super-easy to be a communist LOOTER.

    See Detroit – prime example of Donkey communism in action

    — about 70 repeat 70 pct LOSS of population since 1950 —

    multi-billions in destroyed/abandoned buildings

    — de facto killer/robber gangs in real control of much of area.

    About 3 sq mile olde downtown somewhat guarded – rest open to total destruction.

    Suburbs now 20-40 miles away from Detroit River.

    Same commie LOOTER R-O-T in Chicago, LA, Cleveland, etc etc etc.

  33. Corn pop was a bad dude. Biden loves sniffing hair. He loves it when black kids rub his legs. He loves it when kids jump on his lap. He introduced his sister as his wife. He thought he was running for Senate in 2020. He’s now gone longer than any recent president in holding a press conference. The other day he admitted he forgot where he was and what he was doing.

  34. WZ 15 Mar –

    *within* — 13-1 amdt.

    *wherein*, *within* — 14-1 amdt

    *in*, *therein*, *in* — 14-2 amdt

    various *of* === in

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