Supreme Court Holds Off Ruling on Trump Plan to Block Immigrants From Census Count

Author : brekele
Publish Date : 2020-12-19 08:00:47


Supreme Court Holds Off Ruling on Trump Plan to Block Immigrants From Census Count

The justices said a decision in the case, which challenged Trump’s plan to exclude immigrants in the country illegally from the census count, would be ‘premature.’

THE SUPREME COURT ON Friday punted on President Donald Trump’s directive to exclude immigrants living in the country illegally from the 2020 census count, ruling that a resolution of the case is “premature.”

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[ READ: Justices Weigh Trump’s Census Order ]
In an unsigned majority opinion, the high court held off ruling on the merits of the case, which critics argue would have a chilling effect on immigrants and a major impact on the apportionment of U.S. House districts. Friday’s ruling leaves the door open for the Trump administration to still exclude some immigrants from the count. But Dale Ho, the director of the ACLU Voting Rights Project who argued against the exclusion in court last month, issued a warning on Friday that advocates would sue if Trump moves forward with the policy.

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“At the end of the day, the standing and ripeness inquiries both lead to the conclusion that judicial resolution of this dispute is premature,” the justices wrote in the majority opinion.

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“Consistent with our determination that standing has not been shown and that the case is not ripe, we express no view on the merits of the constitutional and related statutory claims presented. We hold only that they are not suitable for adjudication at this time,” they added.

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Friday’s decision comes several weeks after oral arguments on a case that would likely affect the apportionment of House districts. Critics argued that the exclusion of some people from the count would dilute the number of congressional members for states with large numbers of immigrants in the country illegally. The decennial questionnaire also helps determine funding for states.

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The census has never excluded counting such people to determine the number of House seats each state gets. The Constitution stipulates that U.S. representatives “shall be apportioned among” states and must count the “whole number of persons in each state.”

[ READ: Native Americans Fear Census Undercount ]
During arguments late last month, Chief Justice John Roberts questioned the timing of the case with a quickly approaching deadline of Dec. 31 for Secretary of Commerce Wilbur Ross to submit the enumeration to the president. After that, Trump transmits the count to the next session of Congress for apportionment early next year.

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Trump’s legal team couldn’t definitively say how the directive would alter the count, noting during arguments that the administration hadn’t yet determined whether all people living in the country illegally would be excluded or just a smaller subset.

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But the court’s three liberals — Justice Stephen Breyer, Justice Sonia Sotomayor and Justice Elena Kagan — dissented, arguing that the uncertainty of how many people would be left out of the 2020 enumeration shouldn’t “warrant our waiting to decide the merits of the plaintiffs’ claim.”

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“In enacting the 1929 Act, Congress sought to address that problem by using clear and broad

[ MORE: SCOTUS to Review Trump’s Census Plan ]
language that would cabin discretion and remove opportunities for political gamesmanship. History shows that, all things considered, that approach has served us fairly well,” Breyer wrote.

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“Departing from the text is an open invitation to use discretion to increase an electoral advantage,” he continued. “Because I believe plaintiffs’ claims are justiciable, ripe for review, and meritorious, I would affirm the lower court’s holding. I respectfully dissent.”

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Lisa Hagen, Reporter

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Lisa Hagen is a politics reporter for U.S. News & World Report covering Congress, the 2020 … READ MORE

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https://colombain.substack.com/p/supreme-court-holds-off-ruling-on

Tags: Supreme Court, Donald Trump, immigration, U.S. Citizenship and Immigration Services, Census Bureau, Constitution

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