Why census experts fear a citizenship question would jeopardize results

Why census experts fear a citizenship question would jeopardize results


JUDY WOODRUFF: It is a massive effort every
10 years that’s critical to our country, counting the roughly 327 million people currently living
in the United States. Before the next census moves forward, the
U.S. Supreme Court must decide whether the Trump administration should be allowed to
add this question: Is this person a citizen of the United States? The controversy over that question, one of
the biggest of the term, went before the justices today. While the Trump administration argued for
their right to add a citizenship question to the census, inside the court… PROTESTER: What do we want? PROTESTERS: A complete count. PROTESTER: When do we want it? PROTESTERS: Now. JUDY WOODRUFF: … protesters outside railed
against the addition. The ACLU’s Dale Ho challenged the government’s
intention behind including a question on citizenship. DALE HO, American Civil Liberties Union: If
you add it, we’re going to get fewer people responding to the census and a less accurate
census. And let’s not forget what the administration’s
purpose is. They say they want to publish block-by-block
counts of citizens and non-citizens. Well, you don’t have to be a conspiracy theorist
to be concerned that, if that data is out there, it could pose a risk to you. JUDY WOODRUFF: Commerce Secretary Wilbur Ross
says he added the question to help enforce voting rights, but House Democrats challenged
his intent at a hearing last month. WILBUR ROSS, U.S. Commerce Secretary: I have
never intentionally misled Congress or even intentionally said anything incorrect under
oath. REP. WILLIAM LACY CLAY (D-MO): Mr. Secretary, you
lied to Congress. You misled the American people. And you are complicit in the Trump administration’s
intent to suppress the growing political power of the non-white population. JUDY WOODRUFF: But why is the census important
enough to involve all three branches of government? The U.S. census is an attempt by the government
to count every person living in the United States. Every 10 years, the Census Bureau gathers
information, like gender, age and race. ACTOR: We did it. ACTOR: Hey. ACTOR: What did you do? ACTOR: We helped mommy fill out her census
form. And we mailed it back. ACTOR: But why? ACTOR: Because everybody counts in the census
form. JUDY WOODRUFF: But why does the government
collect this data? First, the Constitution says to. GEORGE H.W. BUSH, Former President of the United States:
One of the ways the Constitution preserves our rights is to require the government to
conduct a census every 10 years. JUDY WOODRUFF: The founding fathers decided
the number of seats in the U.S. House of Representatives is determined by the number of people in each
state. The official count is used to draw voting
districts at the national, state and local level. But there’s another important reason the U.S.
conducts a census: money. MAN: Two-million-four, two-million-five. WOMAN: The U.S. census isn’t just a population
count. It helps allocate federal, state and local
funds to your community. JUDY WOODRUFF: The federal government decides
how much funding or grants to give states, counties and cities by looking at the detailed
census data. That means money for updating schools, building
new hospitals, repairing broken roads, and maintaining public utilities like water, sewage
and electricity. MAN: You can answer census 2000 and get what
you need. Or you can leave it blank and get this: nothing. JUDY WOODRUFF: Private companies also make
major decisions based on what the census says, like where to build grocery stores or new
housing developments. But like any government agency, the Census
Bureau needs funding to do its job. And it’s not cheap. The last census, in 2010, cost taxpayers $13
billion, with more than 500 field offices and 635,000 staffers nationwide. Census watchers look now to the Supreme Court
for a quick resolution, less than a year out from the next census. Today’s arguments are just the latest step
in this long-running controversy. And here to cover this, from both angles,
are our regular Supreme Court analyst, Marcia Coyle of “The National Law Journal,” and Hansi
Lo Wang. He’s on the census beat for NPR. And welcome to both of you. You were both in the courtroom today. Hansi, I’m going to start with you. This really is the end of a long controversy,
is it not? HANSI LO WANG, NPR: Yes, this is a legal battle
that officially started more than a year ago, after Commerce Secretary Wilbur Ross, who
oversees the Census Bureau, announced that he approved adding a citizenship question
to the 2020 census. JUDY WOODRUFF: And remind us, Hansi, what
is it that experts at the Census Bureau themselves say the meaning of adding this question would
be to the census? What would the effect of it — what would
the effect be, in their view? HANSI LO WANG: Census Bureau research suggests
it’s highly likely that households with non-citizens — and that could include some citizens — would
be very discouraged, scared of participating in the census if it were to include a citizenship
question. This is a very sensitive question, especially
in this current political climate of anti-immigrant rhetoric and also growing immigration enforcement. JUDY WOODRUFF: And, Marcia, so what was the
legal argument that brought it — brought this case today before the Supreme Court? MARCIA COYLE, “The National Law Journal”:
Well, Judy, three federal courts have decided that Secretary Ross’ decision violated federal
law, and specifically the Administrative Procedure Act, which really guides federal agencies
in rule-making, regulation-making. They found that — one judge in particular
said the secretary had committed a veritable smorgasbord of federal law violations. So that case was appealed by the Trump administration
to the Supreme Court. And we have the arguments today. JUDY WOODRUFF: And so tell us, in sum, what
is it that the Commerce Department under Secretary Ross is saying, we need to do this? What is the argument they make? MARCIA COYLE: Well, Secretary Ross has given
as the primary reason that the citizenship question is necessary for the Justice Department
to enforce the Voting Rights Act. And during the questioning today, the questions
sort of revealed almost very quickly the ideological divide on the court itself. On the liberal side of the bench, Justices
Kagan and Sotomayor really pressed Trump administration lawyer Noel Francisco about the secretary’s
reasons for having the citizenship question. Justice Kagan pointed out that the secretary
has the authority not to agree with the Census Bureau experts, but, under federal law, he
has to give reasons. And she said, as she looked at the record
and the evidence, she found no reasons. And Justice Sotomayor said it appeared to
be he had a solution in search of a problem. And then on the other side of the bench, the
more conservative side, you had Chief Justice Roberts saying to New York Solicitor General
Barbara Underwood… JUDY WOODRUFF: Who is a critic, one of the
many critics. MARCIA COYLE: Right. They had sued the government. He said, well, you know, the census asks a
lot of questions. It asks your age, your sex, your marital status. Why not citizenship? And General Underwood responded, but for those
questions, there is no evidence that they result in an undercount, and there is ample
evidence that the citizenship question will result in an undercount. (CROSSTALK) JUDY WOODRUFF: Go ahead. MARCIA COYLE: I was also going to add, Justices
Gorsuch and Kavanaugh also pressed her. They noted that the United Nations recommends
that countries include a citizenship question and that there are many English-speaking countries
that have citizenship questions. And she said, while that information might
be useful to some countries, those countries may not have our Constitution, which has as
the Enumeration Clause the principle function of counting everyone. JUDY WOODRUFF: So, Hansi Lo Wang, as somebody
who has followed this issue, who follows the census as a story for as long as you have,
what did you hear in the courtroom? Was there a new argument made? Was there some new ray of light shone on this
issue today? HANSI LO WANG: There really are no new arguments
that I heard today. These are — there are a lot of issues that
are brought up in this case, and a lot of them are very technical. This is — the heart of it is a lot about
survey methodology and statistics. And some of the justices even remarked that,
wow, we’re getting very technical during this oral argument. And so this issue is going to be — it appears
that this issue, the justices, have already — a lot of them have already made up their
minds, based on the way they asked questions and the comments they made during this ruling
— during this — oral arguments, rather. JUDY WOODRUFF: So, Marcia, you, the two of
you, between you, you’re making it sound as if it’s kind of expected the way the justices
are going to come down on this. MARCIA COYLE: Well, it’s always hard to say,
Judy. I think they’re very good at playing devil’s
advocate. And you don’t know when they go back in their
private conference room how they are going to hash things out. But it did look as though they were divided,
and that division generally favored — would generally favor the Trump administration here. But we will have to wait and see. They are under something — some time pressure. The census has to be printed, I think, in
July. And so the justices do need to reach a decision
by the end of June in order to resolve this. JUDY WOODRUFF: And, Hansi, quickly, that’s
what I wanted to ask you. What does the Census Bureau do, whichever
way this goes? HANSI LO WANG: Well, it has two different
versions of the 2020 census ready to the printed. And so it’s waiting for the Supreme Court
to make a decision in order to tell a printer which one to get — to start printing. And there’s 1.5 billion pieces of mail, including
paper form, letters, postcards, that need to be printed this summer in order to prepare
properly for the 2020 census start next year. JUDY WOODRUFF: A lot hanging over the Supreme
Court on this one. Hansi Lo Wang of NPR, Marcia Coyle, thank
you both. MARCIA COYLE: Pleasure, Judy.

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