Supreme Court rules it’s too early to review Trump census plan to exclude undocumented immigrants from House redistricting

Supreme Court rules it’s too early to review Trump census plan to exclude undocumented immigrants from House redistricting

12/18/2020

The Supreme Court on Friday declined to immediately weigh in on the legality of President Trump’s plans to exclude immigrants living the country without legal permission from the 2020 Census figures used to award states seats in Congress. For now, it finds that a ruling on the merits of the case would be premature.

In a 6-3 decision, the high court’s conservatives set aside a lower court order that had blocked a proclamation Mr. Trump issued in the summer to change the apportionment process for U.S. House of Representatives districts. 

Citing the fact that it remains unclear which unauthorized immigrants the Trump administration will be able to remove from the apportionment figures, the conservatives on the court concluded the case “is riddled with contingencies and speculation that impede judicial review.”

“At the end of the day, the standing and ripeness inquiries both lead to the conclusion that judicial resolution of this dispute is premature,” the majority wrote in its opinion.

The three members of the court’s liberal wing, Justices Sonia Sotomayor, Elena Kagan and Stephen Breyer, filed a dissenting opinion.

The high court heard oral arguments on the case on November 30. The Justice Department conceded then it was “very unlikely” that the Census Bureau would be able to identify and remove all unauthorized immigrants from the apportionment calculations before Mr. Trump left office.

This is a breaking news story and will be updated.

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