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For Immediate Release
July, 21 2020, 12:00am EDT
Contact:
David Vance (202) 736-5712 or [email protected]
Trump's Attempt to Subvert Census Count Violates Constitution
Statement of Karen Hobert Flynn, president of Common Cause
WASHINGTON
The U.S. Constitution enshrines a uniquely American invention: to conduct a Census each ten years to count every person living in the United States of America in order to determine representation in the Congress. Today, counting every person also ensured that $1.5 trillion in federal funding for critical resources like food assistance, medical supplies for COVID-19 recovery, youth programs, and affordable housing is also fairly distributed. Today, President Trump has issued a Memorandum on Excluding Illegal Aliens From the Apportionment Base Following the 2020 Census that is fundamentally unconstitutional.
This memorandum by President Trump is a blatant attempt to skew how electoral districts are drawn, instill fear and chaos in immigrant communities, and send a message to his white supremacist base. Based on records uncovered by Common Cause v. Lewis litigation, the memorandum is part of an ongoing partisan effort led by the Trump Administration to whitewash political representation, by removing and silencing the fastest growing populations of color - Latinx and Asian Americans and other immigrant populations.
By law, the census counts everyone regardless of citizenship status. A presidential memorandum cannot rewrite the Constitution. Under Section 2 of the Fourteenth Amendment, "representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed." "Persons" means "persons," and that means everyone. There are no exceptions for immigration status.
Regardless of the clear language in the Constitution, a group of partisan operatives and party leaders at the national and state level have been plotting to manipulate state legislative and congressional redistricting by pushing a radical agenda - excluding non-citizens and young people under 18 from the Census. From the secret files of Thomas Hofeller, the Republican National Committee's head redistricting expert, the exclusion of these populations would be advantageous to whites and Republicans, while removing representation for people of color, legal residents, immigrants, and children.
After the Administration's efforts to add a citizenship question to the Census were blocked, the Administration has doubled down with this memorandum, attempting to demand that all undocumented people not be counted in the census.
Even the process for using administrative records to determine who is a citizen and who is not, is deeply flawed and inaccurate at best, especially for noncitizen households that rarely interact with government agencies. Counting households through administrative data would only disproportionately undercount Black and Brown households.
We call on Congress to stand up for all people and oppose President Trump's illegal memorandum.
Read our report: Whitewashing Representation: How Using Citizenship Data to Gerrymander Will Undermine Our Democracy
To view this statement online, click here.
Common Cause is a nonpartisan, grassroots organization dedicated to upholding the core values of American democracy. We work to create open, honest, and accountable government that serves the public interest; promote equal rights, opportunity, and representation for all; and empower all people to make their voices heard in the political process.
(202) 833-1200LATEST NEWS
Experts Warn Trump Attack on Nuclear Regulator Raises Disaster Risk
"Simply put," said one critic, "the U.S. nuclear industry will fail if safety is not made a priority."
May 23, 2025
U.S. President Donald Trump on Friday signed a series of executive orders that will overhaul the independent federal agency that regulates the nation's nuclear power plants in order to speed the construction of new fissile reactors—a move that experts warned will increase safety risks.
According to a White House statement, Trump's directives "will usher in a nuclear energy renaissance," in part by allowing Department of Energy laboratories to conduct nuclear reactor design testing, green-lighting reactor construction on federal lands, and lifting regulatory barriers "by requiring the Nuclear Regulatory Commission (NRC) to issue timely licensing decisions."
The Trump administration is seeking to shorten the yearslong NRC process of approving new licenses for nuclear power plants and reactors to withinf 18 months.
"If you aren't independent of political and industry influence, then you are at risk of an accident."
White House Office of Science and Technology Director Michael Kratsios said Friday that "over the last 30 years, we stopped building nuclear reactors in America—that ends now."
"We are restoring a strong American nuclear industrial base, rebuilding a secure and sovereign domestic nuclear fuel supply chain, and leading the world towards a future fueled by American nuclear energy," he added.
However, the Union of Concerned Scientists (UCS) warned that the executive orders will result in "all but nullifying" the NRC's regulatory process, "undermining the independent federal agency's ability to develop and enforce safety and security requirements for commercial nuclear facilities."
"This push by the Trump administration to usurp much of the agency's autonomy as they seek to fast-ttrack the construction of nuclear plants will weaken critical, independent oversight of the U.S. nuclear industry and poses significant safety and security risks to the public," UCS added.
Edwin Lyman, director of nuclear power safety at the UCS, said, "Simply put, the U.S. nuclear industry will fail if safety is not made a priority."
"By fatally compromising the independence and integrity of the NRC, and by encouraging pathways for nuclear deployment that bypass the regulator entirely, the Trump administration is virtually guaranteeing that this country will see a serious accident or other radiological release that will affect the health, safety, and livelihoods of millions," Lyman added. "Such a disaster will destroy public trust in nuclear power and cause other nations to reject U.S. nuclear technology for decades to come."
Friday's executive orders follow reporting earlier this month by NPR that revealed the Trump administration has tightened control over the NRC, in part by compelling the agency to send proposed reactor safety rules to the White House for review and possible editing.
Allison Macfarlane, who was nominated to head the NRC during the Obama administration, called the move "the end of independence of the agency."
"If you aren't independent of political and industry influence, then you are at risk of an accident," Macfarlane warned.
On the first day of his second term, Trump also signed executive orders declaring a dubious "national energy emergency" and directing federal agencies to find ways to reduce regulatory roadblocks to "unleashing American energy," including by boosting fossil fuels and nuclear power.
The rapid advancement and adoption of artificial intelligence systems is creating a tremendous need for energy that proponents say can be met by nuclear power. The Three Mile Island nuclear plant—the site of the worst nuclear accident in U.S. history—is being revived with funding from Microsoft, while Google parent company Alphabet, online retail giant Amazon, and Facebook owner Meta are among the competitors also investing in nuclear energy.
"Do we really want to create more radioactive waste to power the often dubious and questionable uses of AI?" Johanna Neumann, Environment America Research & Policy Center's senior director of the Campaign for 100% Renewable Energy, asked in December.
"Big Tech should recommit to solutions that not only work but pose less risk to our environment and health," Neumann added.
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Pentagon and Immigration Spending in GOP Bill Could Instead Protect Medicaid Coverage
"Stealing money away from life-sustaining programs to fund war, weapons, and death should be an immediate nonstarter for every member of Congress," said one advocate and author of a new report.
May 23, 2025
With the House GOP's Medicaid-slashing reconciliation bill now headed to the Republican-controlled Senate, a trio of groups on Thursday highlighted that the tens of billions the reconciliation legislation allocates for the Pentagon and the Trump administration's immigration crackdown efforts could instead be used to protect and expand health insurance access for millions.
House Republicans' reconciliation bill includes $163 billion for the Pentagon and for mass deportation and border-related expenses that U.S. President Donald Trump has requested be allocated in fiscal year 2026. Those dollars could instead go toward providing 31 million adults with Medicaid, or providing 71 million people with Supplemental Nutrition Assistance Program (SNAP) benefits, according to a report titled Trading Life for Death: What the Reconciliation Bill Puts at Stake in Your State.
The report is a joint publication from the progressive watchdog Public Citizen, the progressive policy research organization the Institute for Policy Studies (IPS), and the National Priorities Project (NPP), which is a federal budget research organization and a project of IPS.
In a statement on Thursday, Lindsay Koshgarian, program director at NPP and one of the authors of the report, framed the reconciliation package as a "direct redistribution of resources from struggling Americans to the Pentagon and militarization."
The reconciliation bill, which passed 215-214 in the House of Representatives on Thursday, includes tax cuts tilted toward the wealthy that would add $3.8 trillion to the national debt, a roll back in clean energy tax credits, sweeping cuts to Medicaid and SNAP to the tune of nearly $1 trillion, and an increase in the maximum payment available through the child tax credit until 2028—though the bill is designed so that it would block an estimated 4.5 million children from accessing the credit, according to the Center for Migration Studies.
Under the legislation, an estimated 8.6 million people would lose Medicaid coverage over the next 10 years, according to a May 11 analysis from the nonpartisan Congressional Budget Office. The Center on Budget and Policy Priorities estimates that 11 million people would be at risk of losing at least some of their food assistance under the changes to SNAP.
Millions more could lose their healthcare due to Obamacare decisions/provisions.
Per the report, the militarized spending increases for 2026 would more than enough to fund Medicaid for the millions who are at risk of losing their health insurance under the bill, and the millions at risk of losing their SNAP benefits.
In addition to highlighting that the bill includes a huge cash injection for the U.S. Department of Defense, the report argues the Pentagon does not need more money. "The United States is already the world's largest military spender, allocating more taxpayer dollars to the Pentagon than the next nine countries combined," according to the report, which also notes that the department has never passed an audit.
The three groups also quantify the tradeoffs between defense spending and healthcare at a more granular level.
For example, the bill includes a $25 billion initial investment in Trump's "Golden Dome" project, a multilayered defense system that Trump has said will be capable of "intercepting missiles even if they are launched from other sides of the world and even if they are launched from space," according to CBS News.
In just one congressional district, Tennessee's 2nd District, taxpayer funds going toward the investment in the Golden Dome could instead be used to put 12,310 people on Medicaid, according to the report. In Texas' 21st District, taxpayers' funds redirected to support the Golden Dome could provide Medicaid to 13,589 people.
"If implemented, this budget would rip the rug out from under everyday Americans relying on Medicaid and SNAP to survive, just to further enrich Pentagon contractors," said Savannah Wooten, People Over Pentagon advocate at Public Citizen and report co-author, in a statement on Thursday. "Stealing money away from life-sustaining programs to fund war, weapons, and death should be an immediate nonstarter for every member of Congress."
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DOJ-Boeing Deal Over Deadly Crashes Called 'Utterly Appalling'
"This kind of nonprosecution deal is unprecedented and obviously wrong for the deadliest corporate crime in U.S. history," said one attorney representing crash victims' families.
May 23, 2025
The Trump administration on Friday faced swift backlash to the U.S. Department of Justice's deal to end a felony case against Boeing that stemmed from a pair of 737 MAX passenger jet crashes that collectively killed 346 people in Ethiopia and Indonesia.
Responses on social media included: "No accountability, no safety, just corruption." "Really gotta feel for the families here. Just awful." "Just utterly appalling that Boeing escape[s] real criminal penalties here. People should have gone to jail." "They don't want to set the precedent that powerful people should have to answer to the public for fucking up."
Some critics also pointed to U.S. President Donald Trump's controversial luxury Boeing plane from the Qatari government, asking: "Is Trump getting another free plane? Is that the deal?"
During the Biden administration, Boeing had agreed to plead guilty to a criminal fraud conspiracy charge and pay a fine of up to $487.2 million over the 2018 and 2019 crashes—a deal that was also criticized by some victims' relatives who wanted a trial. However, at a meeting last Friday, federal prosecutors told families the company's posture changed after a judge rejected the plea agreement in December.
That's according toReuters, which cited unnamed sources. The news agency also shared remarks from families' attorneys:
Paul Cassell, a lawyer for the families, said in a statement the government was intent on dropping the prosecution, saying "they conveyed their preconceived idea that Boeing should be allowed to escape any real consequences for its deadly lies."
Another lawyer representing family members who attended the meeting, Erin Applebaum, said the DOJ's "scripted presentation made it clear that the outcome has already been decided."
Despite Cassell's conclusion, the lawyer wrote to the DOJ on Thursday to argue against the agreement. He wrote that "in this case any further concessions to Boeing would be utterly inappropriate. This case is the deadliest corporate crime in U.S. history, as found by" Judge Reed O'Connor in the U.S. District Court for the Northern District of Texas, who rejected the previous plea deal.
Also on Thursday, U.S. Sens. Elizabeth Warren (D-Mass.) and Richard Blumenthal (D-Conn.) urged Attorney General Pam Bondi not to sign an agreement that "would amount to a slap on the wrist, requiring Boeing to pay an additional fine and compensation to the victims' families, and hire an independent compliance consultant, in exchange for dismissal of the criminal fraud charge."
"DOJ must not sign a nonprosecution agreement with Boeing that would allow the company to weasel its way out of accountability for its failed corporate culture, and for any illegal behavior that has resulted in deadly consequences," argued Warren and Blumenthal, respectively the ranking members of the Senate Banking, Housing, and Urban Affairs Committee, and the Homeland Security and Governmental Affairs Permanent Subcommittee on Investigations, in their letter to Bondi.
"Instead, DOJ should ensure that both the company and the executives that ran it are held accountable for any wrongdoing by thoroughly investigating the potential culpability of Boeing executives and holding criminally accountable any individuals that contributed to or allowed the pursuit of profits over people in violation of federal laws or regulations," they added.
Ignoring those urgings, the DOJ on Friday announced an "agreement in principle" that—if it receives final approval—will cost Boeing more than $1.1 billion, including an additional $445 million for families of those killed on Ethiopian Airlines Flight 302 and Lion Air Flight 610. In exchange, the department would dismiss the fraud charge, and the company would not be subject to oversight by an independent monitor.
"Ultimately, in applying the facts, the law, and department policy, we are confident that this resolution is the most just outcome with practical benefits," a DOJ spokesperson said in a statement. "Nothing will diminish the victims' losses, but this resolution holds Boeing financially accountable, provides finality and compensation for the families, and makes an impact for the safety of future air travelers."
While Boeing hasn't commented, Cassell told Reuters that "this kind of nonprosecution deal is unprecedented and obviously wrong for the deadliest corporate crime in U.S. history. My families will object and hope to convince the court to reject it."
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