Symposium: Trump’s census policy is both fundamentally fair and legally sound

[Elderberry]

SCOTUSblog by Hans von Spakovsky 11/25/2020

In Trump v. New York, the Supreme Court should be looking only at the constitutional and statutory issues: whether President Donald Trump was within his legal authority to direct that noncitizens in the country illegally be excluded from the population used for congressional apportionment. The policy issue is very important, of course. What the president did was fundamentally fair. And, under the Supreme Court’s precedent in Franklin v. Massachusetts, Trump was also within his legal authority to do so.

First on the policy issue and the question of fairness. For the past four years, the political arena has been filled with claims of Russian “interference” in our elections. Special Counsel Robert Mueller actually indicted a number of Russians for involvement in those efforts. If you were to ask members of the public if they believe that any one of the indicted Russians should be allowed to make a political donation to a federal candidate — be it Trump or someone running for Congress – if he were here illegally, I have no doubt they would uniformly say “no.”

If you then ask whether that same Russian should be allowed to be a candidate for Congress, you would receive the same adamant answer. And if you ask whether that Russian should be able to vote in federal elections, including congressional elections, the answer would still be a resounding “no.”

So why would the state of New York or any of the other Democratic-controlled state and local governments who are challenging the president’s action argue that Russians (and other noncitizens) who are not here legally should be included in the population used to apportion the political power of the House of Representatives? Only one reason: to distort the House and give states with large illegal immigrant populations more members of Congress (and more political influence) than they are entitled to receive according to their citizen population. This gives states an incentive to obstruct federal immigration law in order to boost the number of illegal immigrants residing in those states.

More: https://www.scotusblog.com/2020/11/symposium-trumps-census-policy-is-both-fundamentally-fair-and-legally-sound/#more-297892