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A September census event in Reading, Pa. Photo: Ben Hasty/MediaNews Group/Reading Eagle via Getty Images

The Trump administration filed an emergency application to the Supreme Court Wednesday in an attempt to stop the census count early, after a federal judge ordered that it continue through Oct. 31, the Economist first reported.

Driving the news: A federal appeals court rejected the Trump administration's request earlier Wednesday to end the count early, after U.S. District Judge Lucy Koh issued a preliminary injunction in San Jose, California, allowing the head count of every U.S. resident to continue through the end of October.

Catch up quick: The Census Bureau said last Friday it would continue its count through Oct. 31 as ordered by Koh, who indicated last month she may move forward with contempt proceedings after Commerce Secretary Wilbur Ross defied the injunction when he ordered the 2020 census and field operations to end Oct. 5.

  • Koh said the Census Bureau, as well as the Department of Commerce, violated her Sept. 24 injunction order "in several ways" and "a flood of emails to the Court and the parties suggests ongoing non-compliance in the field."
  • The Department of Justice declined to comment beyond confirming the court filing.

Editor's note: This article has been updated to reflect that the DOJ declined to comment.

Go deeper

Biden says "no doubt" final vote count will hand him presidency

Joe Biden urged "all people to stay calm" at a press conference on Thursday as outstanding votes are tallied, adding, "We have no doubt that when the count is finished, Sen. [Kamala] Harris and I will be declared the winners."

The big picture: The former VP and Harris attended an earlier briefing on the coronavirus outbreak while key states including Pennsylvania, Nevada, Georgia and North Carolina continue to count ballots. President Trump on Twitter has argued vote tallying should come to a halt.

Updated 3 hours ago - Politics & Policy

Coronavirus dashboard

Illustration: Eniola Odetunde/Axios

  1. Health: Most vulnerable Americans aren't getting enough vaccine information — Fauci says Trump administration's lack of facts on COVID "very likely" cost lives.
  2. Education: Schools face an uphill battle to reopen during the pandemic.
  3. Vaccine: Florida requiring proof of residency to get vaccine — CDC extends interval between vaccine doses for exceptional cases.
  4. World: Hong Kong puts tens of thousands on lockdown as cases surge — Pfizer to supply 40 million vaccine doses to lower-income countries — Brazil begins distributing AstraZeneca vaccine.
  5. Sports: 2021 Tokyo Olympics hang in the balance.
  6. 🎧 Podcast: Carbon Health's CEO on unsticking the vaccine bottleneck.

DOJ: Capitol rioter threatened to "assassinate" Alexandria Ocasio-Cortez

Supporters of former President Trump storm the U.S. Captiol on Jan. 6. Photo: Kent Nishimura / Los Angeles Times via Getty Images

A Texas man who has been charged with storming the U.S. Capitol in the deadly Jan. 6 siege posted death threats against Rep. Alexandria Ocasio-Cortez (D-N.Y.), the Department of Justice said.

The big picture: Garret Miller faces five charges in connection to the riot by supporters of former President Trump, including violent entry and disorderly conduct on Capitol grounds and making threats. According to court documents, Miller posted violent threats online the day of the siege, including tweeting “Assassinate AOC.”

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