The Supreme Court has ordered lower courts to dismiss two challenges to President Trump’s plans to exclude illegal aliens from the 2020 Census.
The decision, released on Monday, allows the president’s plan to move forward, at least for now, because of the determination that the courts do not have jurisdiction yet.
At issue is President Trump’s insistence that those states that encourage illegal immigration – and therefore gain population – should not be rewarded for those actions by having a greater representation in Congress.
Or a greater share of federal benefits that are based on population.
The court on Monday remanded two cases to the lower courts, one in California and one in Maryland, with instructions to “dismiss for lack of jurisdiction.”
The determinations followed a decision a week ago that threw out a challenge from New York state to the president’s executive order that directed Census officials to exclude illegal aliens as part of the count to apportion seats in Congress.
California has fought the order, as it is one state that could stand to lose a seat in Congress based on that, as well as the large exodus of residents it is seeing.
Xavier Becerra, the attorney general in California, vowed to keep fighting for his agenda, specifically citing the “resources” that come from the federal government and to which the state might have to settle for a smaller amount if illegal aliens are not counted.
“A complete, accurate census is about ensuring all our voices are heard and that our states get their share of resources to protect the health and well-being of all of our communities. We remain committed to the core principle that everyone counts. Here in California, we’ll continue to stand up for each and every person who calls our state home,” he said.
The Supreme Court, last week, said, “At present, this case is riddled with contingencies and speculation that impede judicial review. 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.’ Any prediction how the Executive Branch might eventually implement this general statement of policy is ‘no more than conjecture’ at this time.”
At Just the News, a report explained liberal Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan dissented.
Since the case was not ready for judicial review, the court said earlier, “We express no view on the merits of the constitutional and related statutory claims presented. We hold only that they are not suitable for adjudication at this time.”
President Trump in July explained illegal aliens should not be counted because it rewards states where officials allow violations of federal law.
“States adopting policies that encourage illegal aliens to enter this country and that hobble federal efforts to enforce the immigration laws passed by the Congress should not be rewarded with greater representation in the House of Representatives,” he explained.
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