Supreme Court to hear case over congressional seat count

Supreme Court to hear case over congressional seat count”

On Tuesday, Bloomberg News reported that the Supreme Court is temporarily lifting an order allowing President Donald Trump to end the census count two weeks early - reversing lower courts that ruled the census must continue through the end of October.

By statute, the president sends Congress a report in early January with the population of each state and their entitled number of representatives.

In September, a lower federal court in Manhattan declared the Trump warrant an illegal override of the president's limited authority, as mandated by Congress, over the census. Trump's supreme court nominee, Amy Coney Barrett could also take part in the case if she is confirmed by that time.

The U.S. Structure ensures that the apportionment of seats within the Home of Representatives be primarily based on the "complete variety of individuals in every state".

Last month, a federal appeals court in Manhattan blocked the Commerce Department and the Census Bureau from including information on the number of undocumented immigrants. They argued that the plain text of the US Constitution's census clause does not permit exclusion based on citizenship, requiring that all "whole persons" in a state be counted for reapportionment and that the legislative and procedural history of the census supports this interpretation.

One month ago, in the case of the State of NY v. Trump, a federal appeals court blocked the Commerce Department and the Census Bureau from including information on undocumented immigrants.

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But in late July, Trump announced that it will be the "policy of the United States to exclude from the apportionment base aliens who are not in a lawful immigration the maximum extent feasible".

If the Supreme Court allows Mr. Trump to enforce his proclamation, it is unclear what methodology the administration would use to calculate figures of undocumented immigrants and then exclude them from the final tallies used for congressional apportionment.

The Trump administration has said it's unfair that some states get more congressional representation due to having a larger population of undocumented immigrants.

The Justice Ministry did not immediately respond to a request for comment.

Even if the Supreme Court overturns that ruling, it is not clear whether Trump will be able in practice to exclude unauthorized immigrants from this year's census results.

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