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The Supreme Court on Tuesday ruled that the Trump administration can end census field operations early, in a blow to efforts to make sure minorities and hard-to-enumerate communities are properly counted in the crucial once-a-decade tally.The decision was not a total loss for plaintiffs in a lawsuit challenging the administration’s decision to end the count early. They managed to get nearly two extra weeks of counting people as the case made its way through the courts.However, the ruling increased the chances of the Trump administration retaining control of the process that decides how many congressional seats each state gets — and by extension how much voting power each state has.The Supreme Court justices’ ruling came as the nation’s largest association of statisticians, and even the U.S. Census Bureau’s own census takers and partners, have been raising questions about the quality of the data being gathered — numbers that are used to determine how much federal funding and how many congressional seats are allotted to states.After the Supreme Court’s decision, the Census Bureau said field operations would end on Thursday.At issue was a request by the Trump administration that the Supreme Court suspend a lower court’s order extending the 2020 census through the end of October following delays caused by the pandemic. The Trump administration argued that the head count needed to end immediately to give the bureau time to meet a year-end deadline. Congress requires the bureau to turn in by Dec. 31 the figures used to decide the states’ congressional seats — a process known as apportionment.By sticking to the deadline, the Trump administration would end up controlling the numbers used for the apportionment, no matter who wins next month’s presidential election.In a statement, House Speaker Nancy Pelosi called the Supreme Court’s decision “regrettable and disappointing,” and said the administration’s actions “threaten to politically and financially exclude many in America’s most vulnerable communities from our democracy.”Associate Justice Sonia Sotomayor dissented from the high court’s decision, saying “respondents will suffer substantial injury if the Bureau is permitted to sacrifice accuracy for expediency.”The Supreme Court ruling came in response to a lawsuit by a coalition of local governments and civil rights groups, arguing that minorities and others in hard-to-count communities would be missed if the census ended early. They said the schedule was cut short to accommodate a July order from President Donald Trump that would exclude people in the country illegally from being counted in the numbers used for apportionment.Opponents of the order said it followed the strategy of the late Republican redistricting guru, Thomas Hofeller, who had advocated using voting-age citizens instead of the total population when it came to drawing legislative seats since that would favor Republicans and non-Hispanic whites.Last month, U.S. District Judge Lucy Koh in San Jose, California sided with the plaintiffs and issued an injunction suspending a Sept. 30 deadline for finishing the 2020 census and a Dec. 31 deadline for submitting the apportionment numbers. That caused the deadlines to revert back to a previous Census Bureau plan that had field operations ending Oct. 31 and the reporting of apportionment figures at the end of April 2021.When the Census Bureau, and the Commerce Department, which oversees the statistical agency, picked an Oct. 5 end date, Koh struck that down too, accusing officials of “lurching from one hasty, unexplained plan to the next ... and undermining the credibility of the Census Bureau and the 2020 Census.”An appellate court panel upheld Koh’s order allowing the census to continue through October but struck down the part that suspended the Dec. 31 deadline for turning in apportionment numbers. The panel of three appellate judges said that just because the year-end deadline is impossible to meet doesn’t mean the court should require the Census Bureau to miss it.The plaintiffs said the ruling against them was not a total loss, as millions more people were counted during the extra two weeks.“Every day has mattered, and the Supreme Court’s order staying the preliminary injunction does not erase the tremendous progress that has been made as a result of the district court’s rulings,” said Melissa Sherry, one of the attorneys for the coalition.Besides deciding how many congressional seats each state gets, the census helps determine how .5 trillion in federal funding is distributed each year.San Jose Mayor Sam Liccardo said that his city lost 0 million in federal funding over the decade following the 2010 census, and he feared it would lose more this time around. The California city was one of the plaintiffs in the lawsuit.“A census count delayed is justice denied,” Liccardo said.With plans for the count hampered by the pandemic, the Census Bureau in April had proposed extending the deadline for finishing the count from the end of July to the end of October, and pushing the apportionment deadline from Dec. 31 to next April. The proposal to extend the apportionment deadline passed the Democratic-controlled House, but the Republican-controlled Senate didn’t take up the request. Then, in late July and early August, bureau officials shortened the count schedule by a month so that it would finish at the end of September.The Senate Republicans’ inaction coincided with Trump’s order directing the Census Bureau to have the apportionment count exclude people who are in the country illegally. The order was later ruled unlawful by a panel of three district judges in New York, but the Trump administration appealed that case to the Supreme Court.The Supreme Court decision comes as a report by the the American Statistical Association has found that a shortened schedule, dropped quality control procedures, pending lawsuits and the outside politicization of some parts of the 2020 census have raised questions about the quality of the nation’s head count that need to be answered if the final numbers are going to be trusted.The Census Bureau says it has counted 99.9% of households nationwide, though some regions of the country such as parts of Mississippi and hurricane-battered Louisiana fall well below that.As the Census Bureau winds down field operations over the next several days, there will be a push to get communities in those two states counted, said Kristen Clarke, president and executive director of the Lawyers’ Committee for Civil Rights Under Law, one of the litigants in the lawsuit.“That said, the Supreme Court’s order will result in irreversible damage to the 2020 Census,” Clarke said.___Follow Mike Schneider on Twitter at https://twitter.com/MikeSchneiderAP 6792
The Trump administration has decided to refer every person caught crossing the border illegally for federal prosecution, a policy that could result in the separation of far more parents from their children at the border.The move would also mean that even if immigrants caught at the border illegally have valid asylum claims, they could still end up with federal criminal convictions on their record regardless of whether a judge finds they have a right to live and stay in the US.Homeland Security Secretary Kirstjen Nielsen officially enacted the policy on Friday, according to a Department of Homeland Security official speaking on condition of anonymity. It corresponds with a Department of Justice "zero-tolerance policy" for illegal border crossings, under which Attorney General Jeff Sessions has ordered federal prosecutors to pursue criminal charges against all referrals for illegally crossing the border, as possible. 936
The U.S. Food and Drug Administration updated its guidance on face coverings on Tuesday, adding information about wearing expired surgical masks.According to the FDA, face and surgical masks may still offer protection even if they've passed their designated shelf life or expiration date."If there is no date available on the face mask label or packaging, facilities should contact the manufacturer. The user should inspect all masks before use and, if there are concerns such as degraded materials (such as elastic) or visible tears," the agency recommends that you should discard the product.However, when it comes to re-using surgical disposal masks, the CDC recommends discarding them after one use.You can clean reusable masks, the CDC says, and recommends washing them after each use. For N95s, which the CDC considers a one-time-use product, but can be re-worn if cleaned with an approved decontamination method. 927
The Trump administration alleged Friday that Iranian government-linked hackers broke into the accounts of roughly 8,000 professors at hundreds of US and foreign universities, as well as private companies and government entities, to steal massive amounts of data and intellectual property.The indictment unveiled by the Department of Justice on Friday directly links the individuals charged with the hacks to the Iranian government, saying the perpetrators were working for Iran's Islamic Revolutionary Guard Corps and other government clients.Along with the charges, the Treasury Department designated the nine Iranians and the company they worked for, the Mabna Institute, for sanctions.The move from the Justice Department and Treasury follows other US efforts to indict foreign government-linked cyberattackers, including special counsel Robert Mueller's indictment of Russian operatives for meddling in the 2016 US election, and the Obama administration's indictment of Chinese military members for the government-sponsored hacking of US companies.It also comes at a time of tension with Iran, long an adversary of the US. As President Donald Trump reshuffles his national security and diplomacy team, including firing Secretary of State Rex Tillerson and national security adviser H.R. McMaster, experts speculate Trump may be laying the groundwork to pull out of the Iran nuclear deal that the Obama administration negotiated, though Iran's cyber efforts were not part of that deal.According to the charges, which include conspiracy to commit computer intrusions, wire fraud, unauthorized access of a computer and aggravated identity theft and could carry a maximum sentence of upwards of four decades in prison, the nine alleged hackers carried out a sophisticated worldwide campaign since at least 2013 to pull off their cyberheist of more than 30 terabytes of academic data and other sensitive information.The indictment alleges the Mabna Institute targeted more than 100,000 professors worldwide and succeeded in compromising 8,000 of them, spread across 144 US-based universities and 176 foreign universities. In their crosshairs were various types of intellectual property, including academic journals, dissertations and electronic books.To break into the accounts, the sophisticated campaign started by studying each target in a reconnaissance phase, then using that information to send specialized emails to the targets that appeared to come from other university professors expressing interest in a recently published work, with links to other research that were actually links to malicious websites that would mimic the professor's login page and steal his or her login information and use it to access their accounts.The hackers also allegedly broke into the accounts of employees of US government and non-governmental entities, including the Department of Labor, the Federal Energy Regulatory Commission, the states of Hawaii and Indiana, Indiana's Department of Education, the United Nations, and the United Nations Children's Fund. Once inside, the hackers allegedly stole the entire email inbox.Other victims included employees of 36 US-based companies and 11 companies outside the US in a wide range of industries, including academic publishers, media and entertainment entities, a law firm, tech companies, and consulting and marketing firms.The tactic for the private-sector and governmental hacks was much less sophisticated, according to the indictment. The hackers allegedly used "password spraying": They collected email addresses they could find on the internet and then simply tried common passwords on those accounts, stealing email inboxes if they managed to get in.It is unlikely that any of the individuals named in the indictment will ever see the inside of a US jail or courtroom. It is also unlikely that foreign governments without extradition treaties with the US would give up their citizens to stand trial, and once the indictment is unsealed, the individuals named in it are unlikely to travel to countries that could extradite them to the US.Still, federal prosecutors hope that by exposing the hacking operations, they can deter the behavior and make clear their ability to trace it back to its source. 4260
The US House of Representatives passed a bill Wednesday to fund more security at schools, exactly one month after a gunman killed 17 people at a high school in Parkland, Florida, and as thousands of students take part in a national walkout in protest of gun violence.While the bill had bipartisan support, many Democrats were frustrated that it doesn't include any gun control measures."This is a pretense that we are doing something while assuring the NRA that we aren't doing anything," Rep. Steny Hoyer of Maryland, the second ranking Democrat in the House, told reporters Tuesday.The vote was 407-10. The bill attempts to curb school violence by providing more training for school officials and local law enforcement to respond to mental health crises, as well as, among other things, money to develop anonymous reporting systems for threats and deterrent measures like metal detectors and locks.Many Democratic lawmakers pressed Republican leaders to bring up gun control measures to expand background checks and ban assault weapons, but House GOP leaders continue to say they will wait to see what, if anything, the Senate can pass.In the Senate, the Judiciary Committee held a hearing on the Florida shooting and failures by the FBI and law enforcement to act on warning signs displayed by the gunman before the attack."In the wake of the Parkland attack, this committee has an obligation to find out what happened," said Senate Judiciary Committee Chairman Chuck Grassley, an Iowa Republican, in his opening remarks. "We must hold government to account for its failures, and make sure plans are in place to avoid future tragedies. And we must rally around consensus, evidenced-based solutions that will protect our nation's most valuable resource — its youth — from violent attacks."Both the hearing and the vote happened the same day students across the country are holding walkouts to commemorate the Parkland shooting anniversary and call for more action gun control measures. In Washington, global advocacy group Avaaz placed 7,000 pairs of shoes on the Capitol lawn to represent gun violence victims since the 2012 Sandy Hook Elementary School massacre. Protesters are demonstrating at the Capitol and in front of the White House on Wednesday.Both of Florida's senators -- Republican Marco Rubio and Democrat Bill Nelson -- testified at the hearing. The two men have also teamed up on legislation that would encourage states to adopt so-called red flag laws, which would give law enforcement the authority to seize guns from people who pose a threat to themselves or others.It's one of many gun control bills proposed by members on both sides of the aisle, but most efforts have largely stalled.President Donald Trump reiterated his support last weekend for a bill by Sen. John Cornyn of Texas, the No. 2 Republican in the Senate, and Democratic Sen. Chris Murphy of Connecticut that would encourage states and federal agencies to enter more data into the National Instant Criminal Background Check System, known as "Fix NICS."It was first introduced last fall after the Sutherland Springs, Texas, church shooting but it has seen renewed attention since last month's Florida shooting. While the bill currently has more than 60 cosponsors -- a normal indicator that it could avoid a filibuster -- many Democrats want to open up the legislation to amendments, and it's unclear how Republican leaders will proceed."I'm extremely interested in seeing Senator Cornyn's Fix NICS bill passed and a significant school safety bill passed," Senate Majority Leader Mitch McConnell told reporters on Tuesday. "The best way to get that done is still under discussion. But I'm anxious to pass both of them, and pass both of them soon."The witness list at the Senate Judiciary Committee hearing also included David L. Bowdich, the acting deputy director of the FBI, as well as Ryan Petty, whose daughter was killed in the Florida shooting, and Katherine Posada, a teacher at the school, Marjory Stoneman Douglas High School.And while there were no gun industry witnesses at the first hearing since the shooting, they loom large in the debate and play a critical role in lobbying members of Congress and rallying their supporters across the country during elections.The House bill, the STOP School Violence Act, aims to provide more training for school officials and local law enforcement to respond to mental health crises, as well as, among other things, money to develop anonymous reporting systems for threats and deterrents like metal detectors and locks.It does not include many of the components of a proposal unveiled by the White House -- most notably it does not include any provisions to arm teachers. House Republicans have largely ignored the President's plan, especially since he publicly declared that the major legislation the GOP-controlled chamber passed in December to loosen concealed carry rules was not something that could pass as part of broader gun legislation."This is about schools but it's not just about schools," Rubio told reporters Tuesday at a news conference about the Senate version of the bill. "When someone is determined that they're going to commit an act of violence, it could be in a school, it could be in a mall, it could be in a movie theater, it could be in an airport, it could be at a stadium. So what we're really focused on here more than anything else is identifying the people that are going to commit a violent act irrespective of where they're going to commit it and stopping them before they do it." 5558