SCOTUS Set To Weigh Trump Census Power Grab Before Inauguration

  • SCOTUS Set To Weigh Trump Census Power Grab Before Inauguration

SCOTUS Set To Weigh Trump Census Power Grab Before Inauguration

And now the justices have expedited consideration to hear oral arguments in the case on November 30.

If the Senate Republicans succeed in confirming President Donald Trump's nominee, Amy Coney Barrett, to the court quickly, she would be able to take part in arguments in the case.

The 45th president's order does not remove people without immigration documentation from the overall Census count but would likely serve to penalize states with large populations of undocumented immigrants-such as Texas and California-by diminishing the total number of seats they are entitled to in the U.S. House of Representatives following the re-apportionment process.

A year ago the high court in a 5-4 decision rejected the Trump administration's plan to include a citizenship question on the census.

The administration told the court that the president retains "discretion to exclude illegal aliens from the apportionment based on their immigration status".

New York State was the lead plaintiff among dozens of other states and municipalities challenging the directive in a lawsuit filed three days after Trump's directive was issued. A three-judge court in NY agreed, blocking Trump's move.

The American Civil Liberties Union, representing a coalition of immigrant advocacy groups, said Trump's violation of federal law is "not particularly close or complicated".

"President Trump has repeatedly tried - and failed - to weaponize the census for his attacks on immigrant communities", Ho said.

It is also not clear what would happen if Trump is defeated for reelection. The timing increases the potential for Trump to try to make the change to who is included in the numbers while he is in the White House.

The district court said that so long as they reside in the country, undocumented immigrants "qualify as "persons in" a "state" who must be counted. Doing so would shift political power away from areas such as Houston and the Rio Grande Valley and toward less Latino, more rural areas of the state.

A statement released by the bureau on Friday, however, leaves open the possibility that those numbers won't be delivered to the president by the December 31 deadline.

In response to the pandemic, the Census Bureau had said earlier this year that it would continue counting until the end of October, but administration officials wanted a faster timetable to ensure the final results would be available for Trump to act on them before his current term ends in January.