Justices seem inclined to put off ruling on merits of Trump’s plan for census data

[Elderberry]

SCOTUSblog by Amy Howe 11/30/2020

Argument analysis: Justices seem inclined to put off ruling on merits of Trump’s plan for census data

The Supreme Court heard oral argument on Monday in Trump v. New York, the challenge to the Trump administration’s plan to exclude people who are in the United States illegally from the state-by-state breakdown used to allocate seats in the House of Representatives. The stakes are high in the case: If the justices allow the administration to implement the plan before it leaves office in January, states with large immigrant populations could lose political power, while states with fewer immigrants could gain it. After over 90 minutes of debate, several justices seemed skeptical of the legality of President Donald Trump’s plan. But they spent relatively little time on that topic, focusing instead on whether the Supreme Court could or should weigh in now, and by the end it seemed very possible that they may not resolve the merits of the case immediately – if at all.

The Constitution requires a census every 10 years to determine the population of the United States, which is then used to allocate the seats in the House of Representatives. Federal law outlines the process by which that occurs. The secretary of commerce, to whom Congress has delegated the power to carry out the census, provides the president with a report containing “the tabulation of total population by States.” The president then sends a report to Congress that contains “the whole number of persons in each State,” along with “the number of Representatives to which each State would be entitled.”

Throughout U.S. history, the population numbers used to allocate seats in the House of Representatives have included everyone living in each state, regardless of their immigration status. In July 2020, however, Trump announced that the total population used to determine the number of seats for each state would not include people who are in the country illegally. In a memorandum to Secretary of Commerce Wilbur Ross, Trump asked for two numbers for each state: the total population as determined by the 2020 census; and the total population, subtracting – “to the extent practicable” – people who are living in the country without authorization. The second number would be used as the “base” to allocate seats in the House.

More: https://www.scotusblog.com/2020/11/argument-analysis-justices-seem-inclined-to-put-off-ruling-on-merits-of-trumps-plan-for-census-data/