>>> THE SUPREME COURT THIS WEEK
DISMISSED A CASE BROUGHT BY
SEVERAL STATES CHALLENGING
PRESIDENT TRUMP’S PLAN TO
EXCLUDE UNDOCUMENTED IMMIGRANTS
FROM THE 2020 CENSUS COUNT.
THE CENSUS IS CONDUCTED EVERY
TEN YEARS AND USED TO ALLOCATE
HOUSE SEATS IN EVERY STATE.
IN ITS UNSIGNED OPINION, THE
COURT RULED 6-3, SAYING IT LACKS
JURISDICTION TO HEAR THIS
CHALLENGE TO TRUMP’S CENSUS
POLICY.
IF THE COURTS TAKE NO FURTHER
ACTION ON PRESIDENT TRUMP’S
PLAN, YESTERDAY’S DECISION
EFFECTIVELY ALLOWS HIM TO CARRY
ON WITH SUBTRACTING UNDOCUMENTED
RESIDENTS FROM HIS MANDATORY
JANUARY APPORTIONMENT REPORT TO
CONGRESS.
IT’S A TEMPORARY VICTORY FOR
TEAM TRUMP.
TEMPORARY BECAUSE STATES ARE
BOUND TO CHALLENGE IT AGAIN IN
COURT.
BUT AS IT STANDS, THE
ADMINISTRATION CONTINUES TO
PURSUE AN EFFORT THAT WOULD
SHIFT THE ALLOTMENT OF BOTH
CONGRESSIONAL SEATS AND FEDERAL
MONEY TO STATES THAT ARE OLDER,
WHITER, AND TYPICALLY MORE
REPUBLICAN.
AS JUSTICE BRIAR NOTED IN HIS
DISSENTING OPINION, AN ESTIMATED
2.2 MILLION UNDOCUMENTED
IMMIGRANTS LIVE IN THE BLUE
STATE OF CALIFORNIA.
IF THESE IMMIGRANTS ARE EXCLUDED
FROM THE CENSUS, CALIFORNIA’S
EXPECTED TO LOSE TWO OR
POTENTIALLY EVEN THREE SEATS IN
THE U.S. HOUSE OF
REPRESENTATIVES.
SAME GOES FOR TEXAS WHICH HAS A
LARGE IMMIGRANT POPULATION,
REFUSING TO COUNT UNDOCUMENTED
IMMIGRANTS WOULD MEAN LESS
REPRESENTATION IN TEXAS.
BUT HERE’S THE DIFFERENCE, AS
POINTED OUT BY VOX.
CALIFORNIA USES A BISHOP
REDISTRICTING COMMISSION TO DRAW
LEGISLATING LINES, WHILE TEXAS
LEAVES REDISTRICTING UP TO ITS
GOP-CONTROLLED LEGISLATURE.
SO LOST CALIFORNIA SEATS ARE
LIKELY TO HURT DEMOCRATS BECAUSE
CALIFORNIA IS OVERWHELMINGLY
DEMOCRATIC, WHILE TEXAS SEATS
MEANWHILE ARE UNLIKELY TO HURT
REPUBLICANS BECAUSE GOP
LAWMAKERS CAN DRAW TEXAS’S
CONGRESSIONAL DISTRICTS TO
INFLICT MAXIMUM HARM TO THE
DEMOCRATIC PARTY.
SO THE PARTISAN IMPLICATIONS ARE
CLEAR.
BUT WE WANT TO BE EVEN MORE
CLEAR ABOUT WHAT THE COURT DID
YESTERDAY.
IT DID NOT SAY THE STATES’
ARGUMENTS AGAINST THE POLICY
WERE NOT WITHOUT MERIT.
THE COURT SAID IT’S CLEAR THAT
THE GOVERNMENT COULD NOT
POSSIBLY EXCLUDE THE ESTIMATED
10.5 MILLION UNDOCUMENTED
IMMIGRANTS IN THE U.S. BUT SAID
THE EVIDENCE PRESENTED BY THE
STATES CHALLENGING THE POLICY
UNREALISTICALLY ASSUMED THAT THE
PRESIDENT WILL EXCLUDE THE
ENTIRE UNDOCUMENTED POPULATION.
A POINT ON WHICH THE JUSTICES DO
NOT AGREE. THE COURT’S THREE LIBERALS,
THE COURT’S THREE LIBERALS,
JUSTICES KAGAN, BRIAR, AND
SOTOMAYOR DISSENTED.
WAIVING TO ADJUDICATE CLAIMANT’S
CLAIMS UNTIL AFTER THE PRESIDENT
SUBMITS HIS TABULATION CONGRESS
RISKS NEEDLESS AND COSTLY DELAYS
IN APPORTIONMENT.
IN OTHER WORDS, WHAT THE TRUMP
ADMINISTRATION IS DOING IS
UNCONSTITUTIONAL.
WE KNOW IT’S UNCONSTITUTIONAL.
AND WAITING FOR MORE EVIDENCE TO
SAY SO JUDICIALLY IS A WASTE OF
TAXPAYER MONEY AND THE COURT’S
TIME.
WHAT THE CONSTITUTION SAYS, 14th
AMENDMENT, SECTION 2, QUOTE,
REPRESENTATIVES SHALL BE
APPORTIONED AMONG THE SEVERAL
STATES ACCORDING TO THEIR
RESPECTIVE NUMBERS, COUNTING THE
WHOLE NUMBER OF PERSONS IN EACH
STATE, UNDOCUMENTED IMMIGRANTS
OR PERSONS.
SO IT’S CLEAR, NOT COUNTING
THESE PERSONS GOES AGAINST OUR
CONSTITUTION.
ALL OF THIS BEING ADJUDICATED
JUST 32 DAYS FROM JOE BIDEN’S
INAUGURATION.
WHILE WE DON’T KNOW HOW THIS
WILL LAY OUT, IT’S A REMINDER OF
WHAT THIS OUTGOING
ADMINISTRATION VALUES AND
DOESN’T VALUES, WHO THEY BELIEVE
COUNTS AND DOESN’T COUNT IN THIS
COUNTRY.
WE’RE NOT JUST TALKING ABOUT AN
ACCURATE CENSUS COUNT OR THE
NUMBER OF CONGRESSIONAL SEATS
THAT COME WITH IT.
THOSE THINGS ARE, OF COURSE,
CRITICALLY IMPORTANT.
BUT WE’RE ALSO TALKING ABOUT
SOMETHING MUCH HARDER TO
QUANTIFY, A LINGERING THREAT BY
THIS ADMINISTRATION TO RESHAPE
THE FIBER OF WHO WE ARE AS A
NATION, OUR SENSE OF WHO COUNTS
AND WHO DOES NOT, WHO WE VALUE,
AND WHO WE DO NOT REGARDLESS OF
HOW THIS PARTICULAR CASE SHAKES
OUT.
THOSE QUESTIONS ARE LINGERING