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Tonight, Common Cause filed motions for expedited review and summary judgment in its challenge to President Trump’s memorandum requiring the exclusion of undocumented people from being counted in the congressional apportionment base following the 2020 census.  Should the court find summary judgment unavailable, Common Cause moved in the alternative for an expedited trial on the merits. The motions filed in the U.S. District Court for the District of Columbia in Common Cause v. Trump urge the court to expedite proceedings so that a final judgment and appeal to the U.S. Supreme Court can be completed before January  2021, when the President is scheduled to send apportionment numbers to Congress. 

The Lawyers’ Committee for Civil Rights Under Law and its pro bono counsel, Arnold & Porter LLP, filed suit this evening in federal court for the District of Maryland on behalf of the National Urban League, Common Cause and the League of Women Voters U.S. against Postmaster General Louis DeJoy and the United States Postal Service, challenging actions intended to disrupt the 2020 election by making it more difficult for mail ballots to be delivered on time.

Today, Common Cause amended its challenge to President Trump’s memorandum requiring the exclusion of undocumented people from being counted in the census for congressional apportionment, adding new co-plaintiffs and new causes of action. The amended complaint in Common Cause v. Trump now includes the City of Dayton, Ohio; the City of Portland, Oregon, five new organizational plaintiffs, and a total of sixteen (16) additional individual plaintiffs of diverse backgrounds from California, Texas, and New Jersey (in addition to preexisting individual plaintiffs from Florida and New York). 

Americans expect and deserve more from their President in the midst of a pandemic and an economic crisis than a photo op and phony posturing at a golf club. Unwilling and unable to negotiate with Congress to deliver a relief package to a nation reeling from COVID-19, President Trump resorted to unconstitutional half measures that will do little to address the serious issues facing the nation.

Recent actions from Facebook and Twitter to remove posts from President Trump containing COVID-19 misinformation show that the platforms have much more work to do to combat attacks on our democracy including the spread of election disinformation and voter suppression. Facebook works with fact-checking organizations to review and rate COVID-19 related content, uses tools to downrank COVID-19 misinformation, and directs users to authoritative sources on COVID-19 information. At the same time, Facebook refuses to fact-check political ads despite containing deceptive information that could suppress votes. Twitter has responded to the spread of COVID-19 misinformation by revising its policy on what is considered harmful content and adding labels to tweets with misinformation about the virus. Yet, Twitter has not taken adequate action to consistently enforce and expand its election integrity policies when it comes to tweets from the President that contain election disinformation.