America First Legal Newsletter – December 26, 2025

We hope that you had an amazing week with family and friends. Whether you celebrated Christmas Day yesterday or the conclusion of Hanukkah earlier in the week, December is always one of the best months of the year.

While the workweek was brief, AFL filed a critical brief in our landmark lawsuit against the U.S. Census Bureau–marking what should be the end of briefing for the case, which challenges the use of unlawful data during the 2020 census and seeks to correct the Census to reflect a true and constitutional count of the American people. Keep your eyes and ears open on this one: our team is working hard for our clients and hopes to deliver a victory in one of the most critical cases in the federal court system today. 

THIS WEEK’S KEY ACCOMPLISHMENTS:

America First Legal filed its reply brief in its landmark lawsuit against the U.S. Census Bureau, University of South Florida College Republicans, et.al. v. Howard Lutnick, et.al, This lawsuit seeks to stop federal manipulation of census data and ensure future censuses reflect a lawful, accurate count of real Americans as required by the U.S. Constitution. We anticipate the federal court three-judge panel will issue its decision in early 2026, despite efforts by left-wing groups to delay the panel’s deliberations. 

This case challenges the Census Bureau’s unlawful use of statistical sampling in the 2020 Census, which added fictitious people, distorted population totals, and violated the Constitution’s requirement for equal representation. AFL’s filings demonstrate Florida’s population was undercounted by 3.8 percent, while improper data manipulation — such as counting students in empty dorms during COVID-19 — artificially inflated numbers and diluted lawful representation. AFL rebuffed intervention by leftist activists defending these flawed methods and blocking reforms. AFL will always fight on behalf of the American people to ensure compliance with the rule of law, whether against federal agencies or private entities.

AMERICA FIRST LEGAL IN THE NEWS: 

“A conservative, Trump-aligned legal group filed a civil rights complaint alleging that a school district in Colorado is using race as a major factor when determining disciplinary procedures and has retaliated against administrators who attempt to push back.

America First Legal (AFL), founded by top Trump advisor Stephen Miller, filed a civil rights complaint asking the Department of Education and the Department of Justice to investigate Cherry Creek School District, alleging it is in violation of Title VI of the Civil Rights Act of 1964. In its complaint, AFL cites a specific instance in which a Black student and an Asian student committed nearly identical behavior, but only the Asian student was disciplined.”

Townhall: America First Legal Files Civil Rights Complaint Over Colorado School District's Race-Based Discipline

“America First Legal (AFL) has filed a federal civil rights complaint against the Cherry Creek School District in Colorado for its race-based disciplinary system.

‘The District disciplines its students differently based on race,’ the complaint reads. ‘Specifically, the District favors and affords leniency to Black students when compared to other races. This leniency derives from the District’s policy of “culturally responsive” discipline — i.e., applying subjective disciplinary standards dependent upon a student’s race. Furthermore, it punishes administrators who refuse to comply with the District’s race-based discrimination.’”

A Note on Year-End Giving: 

If you’re considering a year-end gift by mail, please be aware that a new USPS postmark rule could affect gifts mailed in the last few days of December, so we recommend mailing your donation no later than Tuesday, December 30.

America First Legal Foundation is an IRS-approved section 501(c)(3) public charity. Your donation to America First Legal Foundation is tax-deductible to the extent allowed by law.

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