“I think that's something the court would be much more comfortable coming to a definitive ruling on, that wouldn't be seen as improperly intruding into subjective political administrative judgments, but rather that would be more traditionally interpreting and applying the law,” Morley said.
Last month, the lower federal court found that Trump could not exclude undocumented immigrants from apportionment because they are “persons” as defined by the law governing the census process.
“[H]owever ambiguous the term may be on the margins, it surely encompasses illegal aliens who live in the United States — as millions of illegal aliens indisputably do, some for many years or even decades,” the opinion said.
Democrats in Congress and advocacy groups argued the administration sought an early end to the count in order to control the apportionment process, regardless of who wins the presidential election next month.
While the administration has asked for the court to rule on the issue by the end of the year, there’s also the possibility the justices could punt the issue, said Paul Smith, vice president of the Campaign Legal Center. That would mean the case would have to wait for a state to be harmed by the new apportionment, Smith said, if any can make the case.
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October 20, 2020 at 04:08AM
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Trump fighting history in Supreme Court census case - Roll Call
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