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In 2020, the Census Bureau ignored this mandate and instead relied on two deeply flawed methods: Group Quarters Imputation and Differential Privacy.
Group Quarters Imputation: Fabricated residents at dormitories, nursing homes, and other institutions that were empty on Census Day. In some cases, individuals were even double-counted — once at home and again at facilities they had already left. Differential Privacy: Injected statistical errors throughout the Census data, producing negative and illogical values and disproportionate errors that punished rural communities in particular.
The use of these flawed statistical methods violated Article I, Section 2, Clause 3 of the U.S. Constitution, the Fourteenth Amendment, and 13 U.S.C. § 195. AFL’s lawsuit alleges that through these methods, the Census Bureau skewed state redistricting and caused congressional seats to shift, distorting representation in Florida and ultimately altering political power across the country.
Instead of counting real people at their residences, as required by law, the Bureau fabricated population counts and injected statistical “noise” into the results. This was not a simple technical error — it was a direct assault on representation. By fabricating people out of thin air, the Census Bureau effectively stole votes from some states and handed them to others.
These manipulations violated the Constitution’s command to count the “whole number of persons,” ignored federal statutes that ban statistical shortcuts, and replaced the rule of law with bureaucratic gamesmanship. The result was a Congress that may not fully reflect the true will of the American people. Representation in Congress cannot be based on models, estimates, or political preferences — it must be based on reality.
AFL’s lawsuit asks the court to declare the 2020 Census report unlawful, order a corrected report based on actual enumeration, and bar the government from ever using any prohibited methods again.
“The 2020 Census was flawed,” said Gene Hamilton, President of America First Legal. “The Census Bureau replaced the plain command of the Constitution with statistical tricks that manufactured people out of thin air. Representation in Congress must be based on real counts of real Americans.”
America First Legal will continue fighting to ensure that every U.S. citizen is accurately counted and properly represented in Congress. Democracy depends on faithful adherence to the Constitution’s requirement of an actual enumeration. No American should ever be deprived of their voice or their vote because unelected bureaucrats chose to defy the Constitution.
Read the complaint here, and the motion requesting the appointment of a three-judge panel to handle this expedited case here.
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