Posted by Amy Howe on Friday, October 16, 2020 7:13 pm
The Supreme Court announced on Friday afternoon that it would expedite the Trump administration’s appeals by excluding illegal residents of the country from the population breakdown by state. Seats in the House of Representatives.The judge will listen to oral arguments Trump v. New York On November 30, just a month ago, the Secretary of Commerce submitted a report containing this information to the President. Unless there is some unforeseen development, the court is likely to operate again with all nine members by then, and Judge Amy Koney Barrett is expected to succeed Ruth Bud in the coming weeks. Justice Kingsburg.
According to the federal law governing the census, the secretary of commerce must provide the president with an interstate breakdown of the total U.S. population, which is then used to allocate seats in the House of Representatives. The disputes currently in the courts are concentrated in a memorandum signed by President Donald Trump in July 2020, which instructs Secretary of Commerce Wilbur Rose to include information in a state-by-state breakdown, which will enable Tron Pu is able to exclude people living in the country illegally based on apportionment calculations. Within days after the memorandum was issued, New York and other state and local governments and several immigrant rights organizations filed lawsuits in federal court to challenge the memorandum.
The three-judge district court issued an order on September 10 to prevent the Trump administration from implementing the memo. The district court agreed with the challenger that the memorandum required the allocation of seats in the House of Representatives based on factors other than “census results only,” which violated federal law. In addition, the court added that the president has no “discretionary power to exclude illegal aliens based on his legal status regardless of residence.”
The lawsuit is a narrow case ruled by a three-judge district court, which allows the Trump administration to appeal directly to the Supreme Court. The Trump administration argued in a document in late September that the challenger has no legal right to sue, that is, a permanent member, and that the district court’s decision is wrong. The government emphasizes that federal laws and Supreme Court cases give ministers free power to decide how to conduct a census and count the population. Emphasizes that the law requires the secretary to provide the president with a report before December 31, and the president must in turn send a report containing the total population of each state and the number of people each state has the right to be represented in Congress by January 10, 2021, the United States The government also asked the court to expedite the appeal.
The challenger urged the court to confirm the district court’s decision and told the justice that the July memorandum “is hurting the government by preventing immigrant families from responding to the ongoing census count.” Even if the census is completed, they will continue to be hurt by the distribution: for example, certain states may lose seats in the House of Representatives, and voters on the Election Committee will lose seats. Regarding the merits of the case, the challenger went on to say that federal law and the Constitution “expressly require all persons who normally live here” to be included.
In a brief order on Friday afternoon, the justices announced that they will hear oral arguments in the government appeal on November 30 (the first day of the court’s December debate meeting).The order is the second time this week the court has made an order involving the census: Tuesday, the Justice Requested by the government to immediately stop the 2020 Census, Thereby preventing the lower court order that requires the court to continue counting until the end of October.
This article is Originally published in Haoge Court.
Court Fast Track Census Appeal,
SCOTUS blog (October 16, 2020, 7:13 PM), https://www.scotusblog.com/2020/10/court-fast-tracks-census-appeal/