On Wednesday, America First Legal posted a Press Release about a lawsuit challenging the 2020 census.

The article reports:

America First Legal (AFL), in partnership with Weber, Crabb & Wein, P.A., is leading a landmark lawsuit filed in the U.S. District Court for the Middle District of Florida, Tampa Division, alleging that the 2020 Census was unconstitutional and violated federal law. The lawsuit, filed on behalf of two individuals and two organizations, alleges that the Census Bureau relied on unlawful statistical methods, distorted congressional representation, and diluted the votes of lawful citizens.

The U.S. Constitution requires an actual count of every person every ten years to decide representation in Congress. Federal law explicitly prohibits the use of “statistical sampling” or other methods that risk inaccurate results. 

The article continues:

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.

The lawsuit deals with the methods of the census. It does not seem to deal with the question of whether or not illegal aliens or non-citizens should be counted in the census.