The Supreme Court will begin hearing arguments Monday over whether the Trump administration can exclude people in the country illegally from the count used for creating congressional districts.
WASHINGTON (AP) — President Donald Trump 's attempt to exclude people living in the country illegally from the population count used to divvy up congressional seats is headed for a...
WASHINGTON (AP) — President Donald Trump’s attempt to exclude people living in the country illegally from the population count used to divvy up congressional seats is headed for a post-Thanksgiving Supreme Court showdown.The administration’s top lawyers are hoping the justices on a court that includes three Trump appointees will embrace the idea, rejected repeatedly by lower courts.
hard-line approach to immigration issues to reach the high court. Arguments will take place on Monday by telephone because of the coronavirus pandemic.ADVERTISEMENTEven as the justices weigh a bid to remove, for the first time, millions of noncitizens from the population count that determines how many seats each state gets in the House of Representatives as well as the allocation of some federal funding, experts say other issues loom large for the 2020 census as it heads into unchartered territory over deadlines, data quality and politics.
A host of novel questions outside of the court’s eventual decision could determine the final product of the nation’s once-a-decade head count, including whether the incoming Biden administration would do anything to try to reverse decisions made under Trump. headtopics.com
Among other questions: Will the Census Bureau be able to meet a year-end deadline for turning in the numbers used for apportionment, the process of dividing up congressional seats among the states? Will the quality of the census data be hurt by a shortened schedule, a pandemic and natural disasters? Could a Democratic-controlled House reject the numbers from the Republican administration if House leaders believe they are flawed? Will a lame-duck Senate pass legislation that could extend deadlines for turning in census numbers?
“There are so many moving parts, it makes your head spin,” said Margo Anderson, a history professor at the University of Wisconsin-Milwaukee.How the Supreme Court will rule is the first unknown.Federal courtsin California, Maryland and New York have ruled that Trump’s plan violates federal law or the Constitution, which provides that “representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State.” A fourth court, in Washington, D.C., held this past week that a similar challenge to the administration plan was premature, an argument that also has been made to the high court.
ADVERTISEMENT“What Trump wants to do would be a radical break from that. The losers wouldn’t be individual people. It would be entire states and communities that would lose representation when undocumented members of those communities get cut out of the count used to apportion the House,” said Dale Ho, the American Civil Liberties Union lawyer who will argue on behalf of immigration advocates and civil rights groups in the Supreme Court case.
The administration argues that both the Constitution and federal law allow the president to exclude “illegal aliens” from the apportionment count.“As history, precedent, and structure indicate, the President need not treat all illegal aliens as ‘inhabitants’ of the States and thereby allow their defiance of federal law to distort the allocation of the people’s Representatives,” acting Solicitor General Jeffrey Wall wrote. headtopics.com
By the administration’s estimate, California could lose two to three House seats if people living in the country illegally were excluded based on what the administration said are more than 2 million such California residents. But Ho noted that a change in the divvying up of House seats can turn on much smaller numbers.
The Democratic-controlled House has weighed in to argue that Trump’s plan would result in an unfair distribution of seats for partisan political goals, the latest attempt “to manipulate the census in novel and troubling ways.” The House cast the president’s plan as part of a larger effort that included an attempt blocked by the Supreme Court to add a citizenship question to the census for the first time in 70 years.
For the order to be carried out, the data processing of the apportionment numbers will have to take place while Trump is still in office,but an announcement this month that anomalies have been foundin the data jeopardizes the Census Bureau’s ability to hand in the numbers to the president by a Dec. 31 deadline. Trump, in turn, is supposed to transmit the numbers to Congress by Jan. 10.
But if problems with the data force a delay of even three weeks, the Census Bureau would be turning in the numbers to a new president. President-elect Joe Biden takes office on Jan. 20.“The Biden administration will have to see what kind of damage the Trump administration left reapportionment and determine whether an accurate head count, including all persons regardless of citizenship, can be used,” said Jeffrey Wice, an adjunct professor at New York Law School who is an expert in census law and redistricting. headtopics.com
A spokesman for the Biden campaign didn’t respond to an email inquiry.Even if everything is done on time, the House, which will remain under Democratic control next year, might reject the apportionment numbers on the grounds that they aren’t what Congress asked the Republican administration to provide, said Justin Levitt, a professor at Loyola Law School in Los Angeles.
“If the president turns over something that isn’t plausibly what they asked for, they don’t have to accept it and they don’t have to transmit to the states,” Levitt said.The Census Bureau’s announcement about anomalies also underscores pandemic-related worries about the quality of the data. The time allotted for correcting errors and filling in gaps in data collection was cut in half by the administration’s decision to stick to the year-end deadline and accommodate Trump’s apportionment order. The Census Bureau also faced difficulties stemming from wildfires in the West and hurricanes along the Gulf Coast.
There’s still a chance the Senate could quell some concerns by agreeing with the House on an extension for turning over the population numbers. As the coronavirus was spreading in the spring, the Census Bureau asked Congress for an extension until the end of April 2021. The House complied, but the legislation went nowhere in the Republican-controlled Senate after Trump issued his apportionment order in July.
It’s not out of the question that the Senate still could pass an extension, if either the Supreme Court rejects Trump’s plan or Democrats take control of the Senate after two runoff elections in Georgia in January.One thing seems likely: The current court case won’t be the last legal fight over the 2020 census. Final apportionment numbers have been litigated frequently in past decades.
“What would a census be without a lot of litigation?” said Terri Ann Lowenthal, a former congressional aide who specializes in census issues.___Schneider reported from Orlando, Florida. Read more: The Associated Press »
Democrats to take Senate as Ossoff wins runoff, CNN projects
The Democratic Party will take control of Congress for the first time in a decade, after Democrats the Rev. Raphael Warnock and Jon Ossoff won their Senate runoffs in Georgia, CNN projected Wednesday.
The world is watching you America. Looks like a complete circus from any normal people. Love Italy. I can give you the answer now.5-4. QuillWalter Thank You Lord God for President Trump and his legal team fighting for America, and righteousness, we thank You Lord for giving president Trump the victory in this election and serving America in 2021-2024 We praise Your holy name Lord in Jesus name Amen .
The law is clear They counts slaves Everyone counts Well, illegals should be deported and NOT counted. Ahem....California. The census is to count CITIZENS, not illegal immigrants. By definition illegal pretty much answers the question. Deport illegals and let the courts deal with the business of US citizens. Mighty simple.
This will be interesting Malcolm40130317 The level of election interference by the deep state in both his terms, of Trump to stop him from getting elected is truly frightening, as is the powerfully evil tactics used to achieve both these aims Should be a no-brainer 6-3 decision. I used to have faith in the Supreme Court but it has been chewed at over the years, and more so over the past four years. It is a shame we cannot declare no faith and require all new judges based on an equilibrium of the two parties with an Independent as Chief Justice.
Nameless slaves not deemed citizens were counted... Watch on CSPAN The statute is crystal clear. 'Persons.' Hoping they are all objective and non-partisan. All confidence in this packed court has vanished . There’s no justice from this skewed cast of Justices. Only the theater created to reach preordained, lopsided rulings. The outcome here is not in doubt. SCOTUS
So where are all the losers that said I was wrong Only real Citizens are American Indians What a dilemma. I look forward to hearing the pros and cons of this debate. But what about protecting their religion too? Yeah, thought so Amy. Move over Dred Scott, the rigged Republican Supreme Court is on its way to do something far more stupid.
It’s such a tragedy that POTUS doesn’t inject as much energy and resources into fighting the coronavirus as he does into the lost US election. American lives don’t appear to matter to POTUS. Const_Overhaul 5-4 of course. Calling it now for the Jesus Court. Court divided like the country! So many ways! Not just ideology! Race, Faith, Ethnicity so on! All these divisions already showing up in court decisions! Rule of law? Does it mean anything? Outlaw USA!
Headline fail!! What part of 'ILLEGAL' do you NOT UNDERSTAND Lets see the conservative originalist judges bend like pretzels to change the meaning of 'ALL' with no mention of citizens. ALL is required to plan for water and other services. Doesn’t the census say everyone? SPQ_ESQ I don’t think he can mess with the census. However, if republicans are involved.....
Let's see how ACBs 'originamism' works out this time. Seeing as its clearly lid out in constitution. About time. As it should be. SCOTUS to be renamed the SCODAE, Sacred Congregation of Devout American Evangelicals... You mean illegals? That headline.... SCOTUS will not decide if an administration can do something illegal. That’s a ridiculous statement. It will take up an issue and decide whether the proposed actions are legal or not.
NO CONFIDENCE IN THIS NEW SUPREME COURT That nothing but common sense. Although 4 on the court have never shown any Lol. Cheater trying everything he can to delegitimize the election!! Only one trying to steal election has been donnie and his baseless base!! Racist to the end🤦🏻♀️ I will wager $100 that they agree with Trump 5-4 or even 6-3. He has a couple of racists and a religious fanatic and an Uncle Tom that will certainly vote his way..
obviously... If you’re not a citizen you have no voting rights. I’m surprised the lawsuit doesn’t offer to count undocumented people as 3/5 of a person..... People could fly in and vote from anywhere in the world this is ridiculous you must be a citizen with ID to vote How do they know how many are in the country illegally? Are they going to go to every home and confirm? Or do they assume that in Dem states that is where the illegal immigrants are living? He really is a sore loser and if this is the only way republicans can win they are sad!
I’m not so sure how much of an impact this has. Illegal aliens don’t do a census. Even some citizens don’t. Trump is praying to the Demon that propels & protects him that this case grants entry to the Supreme Court where his Handmaid & henchmen start the process of overturning the election. It's very likely The Supreme Court rules in Trump's favor. This case isn't as conspiratorial as the ones seen regarding the election, so I'd be somewhat surprised if they decide otherwise.
The ✋ that keeps on feeding. Immigration reform is a necessary evil You know journalism is dead when AP cannot write a headline without cannibalizing the English language. Simple translation: 'Why should the US include illegal immigrants in the census count'? Less representation is always the choice for Republicans. It is only about power and control. Given the choice, we the people would no longer have a voice at all.
The constitution does not say count everyone who is here legally or illegally. It says count people. The point of the census is to benefit the entire country not punish certain parts of it. Jan 20th hurry up and get here. Illegals should NOT be counted but the Constitution does not say that. This will be interesting.
8 US House races have not been officially called almost a month after ElectionDay. In 7 of the remaining races, GOP candidates were leading their Democrat opponents while the NY SupremeCourt issued an injunction blocking certification of the 8th. I pray for victory for GOP Important case that will impact redistricting for a decade, especially since Republicans just won two more state legislatures.
President Trump still has plenty of time to do damage and sabotage things for President-elect Joe Biden. I’m guess Trump will prevail 5-4 with Roberts dissenting (again) “We are pleased that the State Legislatures in Pennsylvania, Arizona, and Michigan will be convening hearings to examine the November 3rd presidential election.” The Arizona State Legislature will hold an ElectionIntegrity hearing on Nov. 30.
Ok this concerns me. Let me tell you what they decide. If ‘Choo’ is not recognized as a American citizen and are here illegally you should not be voting, And I’m not sorry - I’m just jealous I can’t ride a coyote as well as you Gee, I wonder how that will go? Expect more conservative overreach and of course expansion of executive powers over the census.