Florida Republicans Challenge Census Bureau in Supreme Court Over 2020 Data

WASHINGTON – A group of Florida Republicans has asked the Supreme Court to review a lower court's decision in their lawsuit against the U.S. Census Bureau. The plaintiffs argue that the Bureau's use of statistical methods in the 2020 census resulted in inaccurate data.

The challengers, including the University of South Florida College Republicans and U.S. Rep. Byron Donalds, contend that the statistical adjustments used by the Census Bureau deviate from the "actual Enumeration" mandated by the U.S. Constitution. They assert that this approach could lead to political manipulation. The group stated, "With each decade the census strays further from" the "'actual Enumeration'" required by the U.S. Constitution, "and statistical adjustment opens the door to political tampering. If no plaintiff can reach the merits," they argued, "that drift is permanent and unreviewable."

The Constitution requires a census every 10 years, based on an "actual Enumeration." In 1997, Congress passed Section 209, a federal law allowing individuals "aggrieved by the use of any statistical method in violation of the Constitution or any provision of law ... in connection with" the census to file a lawsuit seeking relief.

For the 2020 census, the Census Bureau utilized statistical imputation, a method that uses administrative records or data from nearby households to estimate missing information, due to the COVID-19 pandemic. A 2022 survey by the Bureau indicated an undercount of Florida's population by 3.48%.

The plaintiffs filed their lawsuit in federal court, alleging that the Bureau's statistical methods violated the Constitution and potentially cost Florida an additional seat in the U.S. House of Representatives.

A three-judge district court, specifically designated by Congress to hear Section 209 claims, dismissed the lawsuit. The court found that the plaintiffs lacked legal standing, stating they had not "plausibly allege[d]" that the Census Bureau's methods directly caused Florida's undercount. The court also deemed the requested remedy, which involves locating and re-contacting 18.8 million individuals, "exceedingly impracticable, if not impossible," given the passage of nearly five years since the 2020 census.

Additionally, the district court ruled the lawsuit was filed too late, citing a general four-year statute of limitations for lawsuits arising under acts of Congress enacted after 1990.

In their appeal to the Supreme Court on August 6, the challengers cited *Utah v. Evans*, a 2002 case where the Supreme Court allowed Utah to challenge a Census Bureau statistical method. The Florida group asserted that *Evans* is directly applicable to their case, as it also seeks a recalculation and recertification by the Bureau. They stated, "there is a reasonable likelihood that a new count would, as a practical matter, lead to a more favorable apportionment of Representatives to Florida."

The plaintiffs also argue that a six-year statute of limitations for lawsuits "against the United States" should apply to their case, rather than the four-year limit. They noted that the law establishing the four-year limit includes an exception for cases "otherwise provided by law," suggesting that Congress did not explicitly exclude lawsuits of this nature from the longer six-year period.

The Census Bureau must file its response by September 17.