America First Legal has taken its landmark challenge against the deeply flawed 2020 Census straight to the U.S. Supreme Court, demanding that the justices reverse a lower court’s dismissal and force accountability for a count that systematically undercounted red states while padding blue ones.
On August 7, AFL, co-founded by Trump senior advisor Stephen Miller, filed a jurisdictional statement with the Supreme Court. The group is asking the high court to hear its case and overturn the U.S. District Court for the Middle District of Florida’s ruling that dismissed the lawsuit.
A divided three-judge panel had thrown out the case in July, claiming the plaintiffs lacked standing and that the challenge came too late. Judge Steven Merryday issued a blistering dissent, warning that “If the census and the vote are not right, nothing that follows from them is right.”
This is not some technical accounting dispute. The 2020 Census, conducted under the Biden-Harris administration’s early influence after Trump left office, abandoned the Constitution’s clear command of an “actual Enumeration.”
Instead, the Census Bureau leaned heavily on statistical imputation and other gimmicks, filling in missing people with made-up data and injecting “noise” under the guise of privacy.
The result? Florida was undercounted by approximately 3.48 percent, or roughly 760,000 people. Other red and purple states took similar hits, while several blue states were overcounted.
Those distortions directly translated into lost congressional seats and Electoral College votes for Republican-leaning states. Florida, already a powerhouse of growth and Trump support, was shortchanged representation it earned.