Supreme Court Will Review Trump’s Plan to Exclude Undocumented Immigrants in Redistricting - The New York Times

WASHINGTON — The Supreme Court announced on Friday that it would hear a case on whether the Trump administration can exclude undocumented immigrants from the calculations it will use in apportioning congressional seats.

Judge Amy Coney Barrett, President Trump’s Supreme Court pick, will most likely be on the court by then.

The announcement followed an order by the court on Tuesday allowing the administration to cut short the 2020 census count.

The administration had said it needed to do so to meet a deadline for submitting its tabulations by the end of the year, allowing President Trump to control the process even if he loses the November election.

If the court rules for the administration, it would upend a consensus that the census must count all residents, whatever their immigration status, and would generally shift both political power and federal money from Democratic states to Republican ones.

Ross would derive the second set of numbers, as the Supreme Court last year rejected his efforts to add a question on citizenship to the census.

20-366, was complicated by the order on Tuesday allowing the administration to end the census count, which may undercut the three-judge panel’s reasons for finding standing.

In asking the Supreme Court to step in, the Trump administration, represented by the acting solicitor general, Jeffrey B.

Underwood, New York’s solicitor general, representing state and local governments, said the administration was asking the court to endorse a stunning departure from the nation’s traditions

In a separate response, groups represented by the American Civil Liberties Union said the administration’s new policy violated the federal statute and the Constitution