While we wait for the GOP to figure out whether they’re going to fight for the SAVE act, American First Legal is hard at work righting wrongs in the calculation of the last Census, that cost the GOP important house seats.

The Government violated its own rules in tallying the last census, and that has a real-world impact on the representation we have for different citizens.

But AFL is challenging those results because they did not play by their own rules, using a method that screwed states like Florida out of proper representation.

Their earlier attempt was dumped on a technicality, but has since been rewritten with an appeal seeking an emergency injunction because the gathering of 2020 Census data did not conform to federal law.

From their press release:

America First Legal (AFL) has filed an amended complaint in the U.S. District Court for the Middle District of Florida, Tampa Division, in its case challenging the U.S. Census Bureau’s unlawful use of statistical methods in the 2020 Census.

AFL’s amended complaint hones its claims to show that the Bureau’s COVID-19 pandemic-related decisions to suspend or alter standard agency procedures crossed the line and caused inaccurate results. The complaint emphasizes that the most significant change accompanying these revisions was a sharp increase in the use of imputation, a statistical method that uses someone else’s data to fill in a missing person’s information.

According to the Census Bureau’s own report, approximately 10.9 million people were imputed in the 2020 Census — nearly double the number imputed in the 2010 Census. At the same time, the Bureau reported statistically significant undercounts, including in Florida, where the population was undercounted by approximately 3.48 percent or roughly 760,000 people. These results are unreasonable.

AFL argues that the Bureau substituted imputation for real data collection and that this practice violated the U.S. Constitution’s Enumeration Clause and federal statutes, including the Administrative Procedure Act. AFL shows that the Bureau’s decision to use imputation rather than actual enumeration led to significant errors that affected congressional apportionment and state redistricting.

AFL asks the court’s three-judge panel to declare that the 2020 Census apportionment data was unlawfully produced, order the Census Bureau to produce new data, and limit the Census Bureau’s use of statistical methods in reproducing this data.

“The Constitution requires an actual enumeration, not statistical guesswork,” said Gene Hamilton, President of America First Legal. “In no other world would admitted failure in a basic function be tolerated the way that the statistically flawed Census has been. The Census Bureau — under the Biden Administration — admitted that the 2020 Census was not only flawed, but less accurate than the 2010 and 2000 Censuses were. We do not tolerate failure and will continue our fight to correct this outrageous situation.”

“COVID-19 did not shut down the government’s constitutional duty to conduct an accurate count of the American people,” said Emily Percival, Senior Counsel for America First Legal. “Instead of exhausting every avenue for actual enumeration, the Census Bureau fell back on statistical substitutes. These actions violated the Census Bureau’s constitutional responsibilities and diluted American voices.”

“Fair representation in Congress begins with an accurate census of the American people. The Bureau’s blatant disregard for the Constitution and federal law has undermined the integrity of our elections, and it must be held accountable. I am proud to stand with America First Legal to ensure the Census follows the law, upholds the Constitution, and protects the voice of every American,” said U.S. Representative Byron Donalds.

If this stands up, this could tilt future maps in favour of red states that were screwed over with bogus numbers that consistently favored blue states, whose numbers were only corrected AFTER the 10 year census data had been locked in.

When we say Dems cheat to win elections, this is hardly a new issue.

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