Things That Matter

Supreme Court Won’t Rule On Trump’s Case To Remove Undocumented People From The 2020 Census

Update December 17, 2020

The United States Supreme Court refused to rule on President Donald Trump’s attempt to have undocumented people removed from the 2020 census. The decision is another in a long line of losses for the Trump administration

The Trump administration lost their bid to have undocumented people kicked off the census count.

For months, organizations did everything they could to get everyone counted in the census. The Trump administration launched several attacks on the census to keep undocumented people from filling out their census. The Trump administration attempted to first include a citizenship question on the census and lost that battle because the Constitution has no stipulation on citizenship to participate in the census.

Another tactic by the Trump administration was to get the Supreme Court to allow them to stop the count early. The ongoing pandemic served as a reason by the court to end the count early to the dismay of immigrant activists. Door-to-door counting was stopped in the spring because of Covid-19.

President Trump’s last attempt to alter the census in the Republican Party’s favor was to have the Supreme Court exclude undocumented respondents. However, the Census Bureau said that there was not enough time to find the people and exclude them before the numbers were due to Congress. The administration was handed this loss around the same time that President Trump lost his attempts to overturn President-elect Joe Biden’s victory.

Original: The drama over the 2020 Census just won’t stop. It seems that we’re caught up in a never-ending (though all important) saga over the results from this year’s census count – one that could have a major impact on everything from congressional representation to federal funding.

The Trump Administration, in its conintued assault on the migrant community, has asked the Supreme Court for permission to exclude all undocumented residents from being counted – even though that has never happened in the country’s 244 year history.

During this week’s arguments over the case, the court’s justices all seemed to cast doubt on Trump’s plan but not necessarily for the same reasons. Though some immigration advocated worry that the Supreme Court is still set to grant the outgoing Donald Trump a lame duck victory that could cause major headaches for a President Biden.

The Supreme Court seemed skeptical of Trump’s plan to exclude undocumented immigrants from census.

On Monday, the Supreme Court heard arguments over Trump’s plan to exclude undocumented residents from the census count. But during an audio-only oral argument session that stretched to more than an hour and a half, there appeared to be few, if any, takers on the high court for Trump’s effort to leave all unlawful immigrants out of the critical count.

Even many of the court’s most conservative justices – including those Trump named to the court – seemed highly skeptical of the constitutionality of the president’s move, but they also expressed misgivings about ruling on that issue now when thorny questions about smaller groups of undocumented migrants could be just weeks away.

The court’s conservatives, who hold a 6-3 majority, signaled such a ruling might be premature based on the administration’s admission that it does not yet know how or if it will be able to implement the proposal.

Several of the justices seemed to imply that rushing a decision through would be a major mistake.

Even Trump’s own Census Bureau admitted that it has no idea yet how many people would be excluded or when it will have the answer. The justices appeared to be reluctant to act immediately to block the plan based on that admission alone.

“Career experts at the Census Bureau confirmed with me that they still don’t know even roughly how many illegal aliens they will be able to identify, let alone how their number and geographic concentration may affect apportionment,” said acting Solicitor General Jeffrey Wall, the government’s chief lawyer.

Near the outset of Monday’s session, Chief Justice John Roberts seemed to be urging some delay, despite the fact that the court urgently accelerated arguments in the case at the request of the Trump administration.

“What is the problem with post-apportionment litigation?” Roberts asked. “We don’t know what the secretary is going to do. We don’t know what the president is going to do. We don’t know how many aliens will be excluded. We don’t know what the effect of that will be on apportionment. All these questions would be resolved if we wait until the apportionment takes place.”

Much of the argument session turned on technical procedural questions about whether the suit is premature, since the Census Bureau hasn’t yet provided Trump with its report. Some justices also speculated that the number of foreigners the Census Bureau ultimately identifies as potentially subject to exclusion could wind up being so small that it wouldn’t have much impact on the apportionment of House seats among the states.

“I find the posture of this case quite frustrating,” Justice Samuel Alito said. “It could be we are dealing with a possibility that is quite important. It could be that this is much ado about very little.”

A ruling in Trump’s favor on this case would have serious implications for Democratic-leaning states.

Lawyers for the states that oppose the plan and groups affected by it told the justices that it would shift money and political power away from states with large immigrant populations and that it would violate the Constitution and federal law.

The Constitution requires a census every 10 years, and the results determine how many members of Congress each state gets in the House of Representatives. The data are also used to calculate local governments’ share of $1.5 trillion under many federal programs.

California, Florida and Texas would each lose one seat in the House, and Alabama, Minnesota and Ohio would each keep a seat they would otherwise lose to population shifts, according to an analysis by the Pew Research Center. Other predictions show Arizona losing a seat, too, and Montana gaining one.

The states would lose equal numbers of Electoral College votes, which are based on the size of their House delegations.

Notice any needed corrections? Please email us at corrections@wearemitu.com