April 13, 2021

By Patrick Rodenbush
rodenbush@redistrictingfoundation.org

National Redistricting Foundation Files Amicus Briefs in Alabama, Ohio Census Lawsuits

Washington, D.C.—This week, the National Redistricting Foundation (NRF) filed amicus briefs in two separate lawsuits filed by Alabama and Ohio that could further disrupt the delivery of redistricting data from the Census Bureau. Due to challenges posed by the pandemic, the Census Bureau announced in February its plan to release the data used to complete congressional and state legislative redistricting by September 30, 2021. The briefs were handled pro bono by lawyers at Covington & Burling LLP. 

“We cannot have a fair redistricting process unless we have complete census data that accurately reflects the people in America,” said Eric H. Holder, Jr., the 82nd Attorney General of the United States. “The Census Bureau undertook the enormous task of the decennial census under extraordinary circumstances and must be allowed time to ensure the data is up to its standards. I strongly oppose any attempts to disrupt the census process for political gain, including the lawsuits from Alabama and Ohio that could harm the accuracy of the count.”

In its brief filed in Ohio v. Raimondo, the NRF opposes the state’s request for an injunction both because it has failed to demonstrate the Census Bureau is not already working to deliver data as soon as possible, and because it would be contrary to the public’s interest. Equitable redistricting requires that the data be as high-quality as possible, and prioritizing the delivery of Ohio’s redistricting data over that for other states could cause further nationwide delays. 

In Alabama v. U.S. Department of Commerce, the NRF opposes Alabama’s request for an injunction related to the data delay. The NRF argues that the reporting of Census Bureau data is critical and complex, and should not be disrupted in the final months of the census process. The brief also addresses the state’s challenge to the implementation of differential privacy; on that issue, the NRF opposes the state’s request for an injunction on the grounds that the request was made three years after the policy was put in place. During that period, the NRF and other stakeholders, including other states, have engaged--and continue to engage--with the Bureau to raise concerns that the Bureau is working to address.   

 The National Redistricting Foundation is the 501(c)(3) affiliate of the National Democratic Redistricting Committee, and was formed in 2017 to engage in work that protects voting rights and challenges gerrymandered congressional and state legislative districts. The National Redistricting Foundation has funded and executed lawsuits that include, but are not limited to, overturning gerrymandered congressional and state legislative maps in North Carolina and Virginia, successfully challenging the Trump Administration’s attempt to add a citizenship question to the census, and challenging a provision in the Mississippi state constitution from the Jim Crow Era.  

The briefs filed this week can be found here and here. 

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