The Associated Press
U. . S.. . President Donald Trump listens during an Operation Warp Speed event in the White House Rose Garden on Friday, November. 13, 2020 in Washington. (AP Photo / Evan Vucci)
President Donald Trump’s attempt to exclude people living illegally in the country from the population used to split up the seats in Congress is aimed at a Supreme Court showdown after Thanksgiving.
The government’s top lawyers hope that the judges of a court that includes three Trump appointees will accept the idea, which is repeatedly rejected by the lower courts. It is the Trump administration’s latest, and likely final, tough approach to immigration to reach the Supreme Court. Because of the coronavirus pandemic, telephone disputes will take place on Monday.
Even when judges are weighing an offer to remove millions of non-citizens from the population for the first time, which will determine how many seats each state will get in the House of Representatives and how much federal funding will be given, experts say other problems will crop up big for the community 2020 census as it breaks new ground across deadlines, data quality and politics.
A variety of novel questions outside of the court’s ultimate decision could determine the end product of the once-a-decade number of employees, including whether the future Biden administration would do anything to reverse the decisions made under Trump.
Among other things: Will the Census Bureau be able to meet a year-end deadline to submit the numbers used for the split and allocate the seats in Congress among states? Will a shortened schedule, pandemic, and natural disasters affect the quality of census data? Could a Democratically controlled house reject the Republican government’s numbers if the leaders of the house believe they are flawed? Will a Senate of Lame Ducks pass laws that could extend census deadlines?
« There are so many moving parts that your head can turn, » said Margo Anderson, history professor at the University of Wisconsin-Milwaukee.
Federal courts in California, Maryland and New York have ruled that Trump’s plan is in violation of federal law or the Constitution that « representatives are divided among states by their number, counting the total number of people in each state. ». « A fourth court in Washington, D. . C.. . Last week it was found that a similar challenge to the Management Plan was premature, an argument that was also brought before the Supreme Court.
« What Trump wants to do would be a radical break from it. The losers would not be individuals. It would be entire states and communities that would lose their representation if undocumented members of those communities were cut out of the census used for the division of the house, « said Dale Ho, attorney for the American Civil Liberties Union, on behalf of Immigration lawyers and civilians will argue rights groups in the Supreme Court case.
The government argues that both the Constitution and federal law allow the President to exclude « illegal aliens » from the apportionment census.
« As history, precedent and structure show, the president does not have to treat all illegal aliens as » residents « of the state, thereby allowing their violation of federal law to distort the distribution of elected officials, » wrote Attorney General Jeffrey Wall.
The government estimates that California could lose two to three seats in the House of Representatives if people illegally residing in the country were excluded, based on government figures that California has more than 2 million such residents. But Ho noted that a change in the layout of house seats can turn on much smaller numbers.
The democratically controlled house has interfered to argue that Trump’s plan would result in an unfair distribution of seats for partisan goals, the latest attempt to « manipulate the census in novel and disturbing ways ». « The House formulated the President’s plan as part of a larger effort that included an attempt blocked by the Supreme Court to add a citizenship issue to the census for the first time in 70 years.
In order for the order to be carried out, the allocation numbers must be processed while Trump is still in office. However, an announcement earlier this month that anomalies were found in the data jeopardizes the Census Bureau’s ability to submit the numbers to the President by Dec.. . 31 deadline. Trump, in turn, is supposed to send the numbers to Congress by January. 10.
However, if problems with the data force a delay of even three weeks, the Census Bureau would pass the numbers on to a new president. President-elect Joe Biden will take office on Jan.. January took office. 20th.
« The Biden administration needs to see what kind of damage the Trump administration has done and determine if an exact number of staff, including anyone regardless of nationality, can be used, » said Jeffrey Wice, associate professor at the New York Law School is an expert on census law and redistribution.
Even if everything is done on time, the House, which will remain under Democratic control next year, could reject the split numbers on the grounds that they don’t match what Congress asked the Republican government to do, said Justin Levitt, a professor at the Loyola Law School in Los Angeles.
« If the president hands over something that is implausible, what he asked for, he does not have to accept it and not pass it on to the states, » said Levitt.
The Census Bureau’s anomaly announcement also underscores pandemic-related concerns about the quality of the data. The time it takes to correct errors and fill in gaps in data collection has been cut in half by the administration’s decision to meet the year-end deadline and take Trump’s split order into account. The Census Bureau also struggled with forest fires in the west and hurricanes along the Gulf Coast.
There is still a chance the Senate will allay some concerns by negotiating an extension with the House for the population changeover. Since the coronavirus spread in the spring, the Census Bureau asked Congress to extend it until the end of April 2021. House agreed, but legislation went nowhere in the Republican-controlled Senate after Trump issued his apportionment order in July.
It is not out of the question that the Senate could pass another extension if either the Supreme Court rejects Trump’s plan or the Democrats take control of the Senate after two runoff elections in Georgia in January.
One thing seems likely: the current court case won’t be the last legal battle over the 2020 census. The final allotment numbers have been contested many times over the past few decades.
« What would a census be without a lot of litigation? » said Terri Ann Lowenthal, a former congressional assistant who specializes in census issues.
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Donald Trump, United States Supreme Court, 2020 Census, Immigration, Law
World News – CA – U. . S.. . The Supreme Court takes the census case as other census problems arise
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