SCOTUS dismisses challenge to Trump rule to not count illegals in reapportionments


In a 6-3 decision, the Supreme Court dismissed the challenge to the Trump memo to exclude illegal immigrants from the census count and reapportionments.

An unsigned opinion from the majority of the court concluded that it would be premature to issue a ruling. They wrote that it is uncertain how the administration will eventually implement the directive.

“At present, this case is riddled with contingencies and speculation that impede judicial review,” the unsigned opinion of the court read.

“The President, to be sure, has made clear his desire to exclude aliens without lawful status from the apportionment base. But the President qualified his directive by providing that the Secretary should gather information ‘to the extent practicable’ and that aliens should be excluded ‘to the extent feasible,” it continued. “Any prediction of how the Executive Branch might eventually implement this general statement of policy is ‘no more than conjecture’ at this time.”

Basically, they said there is no injury because the policy hasn’t been implemented.

Breyer, Sotomayor, and Kagan dissented.


Trump must then give those numbers to Congress within one week of when the next session of Congress. It opens in early January. Then the clerk of the House, within 15 days of that, needs to inform governors of how many House members their individual states will have for the next decade so the states can go ahead with their apportionment.

The Supreme Court doesn’t believe Trump even has time to implement the memo. And the Court claims he can’t exclude the 10.5 million illegal aliens in the country. Actually, it is more likely at least double that number.

The case wasn’t dismissed on the merits, just on timing. In other words, it will go back to the high court. And they will allow illegal aliens to be counted, in line with the Constitution.

If it does go into effect, Biden might get to reverse it. That will eliminate the need for it to go to the Supreme Court.

The blue states especially want to count illegal aliens.CISA says it’s a terrible, massive, dangerous attack.

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