SCOTUS Throws Out Challenge to Trump’s Exclusion of Illegal Aliens from Congressional Apportionment

WASHINGTON, DC - JUNE 15: The statue Authority of Law by sculptor James Earle Fraser stands on the steps of the U.S. Supreme Court which ruled that LGBTQ people can not be disciplined or fired based on their sexual orientation June 15, 2020 in Washington, DC. With Chief Justice John …
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The United States Supreme Court (SCOTUS) dismissed a legal challenge to President Trump’s effort to exclude illegal aliens from being counted in congressional apportionment to protect the representation of American citizens.

On Friday, in a 6-3 decision, SCOTUS threw out a legal challenge by the American Civil Liberties Union (ACLU) and the state of New York against Trump’s effort to exclude illegal aliens from congressional apportionment counts that decide how many lawmakers represent each state in Congress.

The majority of justices issued an unsigned opinion which called the ACLU and New York’s challenge “premature” because it is unclear how many persons would be excluded from counts and the impact it would have on various states’ representation.

The opinion states:

At the end of the day, the standing and ripeness inquiries both lead to the conclusion that judicial resolution of this dispute is premature. Consistent with our determination that standing has not been shown and that the case is not ripe, 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.

The judgment of the District Court is vacated, and the case is remanded with instructions to dismiss for lack of jurisdiction.

The court’s three liberal justices — Stephen Breyer, Sonia Sotomayor, and Elena Kagan — issued a signed dissent in which they said the effort should be deemed unconstitutional.

“Because I believe plaintiffs’ claims are justiciable, ripe for review, and meritorious, I would affirm the lower court’s holding,” Breyer wrote in the dissent. “I respectfully dissent.”

Dale Wilcox of the Immigration Reform Law Institute (IRLI) applauded Trump for moving forward with the plan.

“It is crystal clear that our national government should represent the American people, and no one else,” Wilcox said in a statement. “And court after court has held that illegal aliens are not part of the American people. They, therefore, should not be represented by our elected officials in Washington, as they would be if included in the apportionment count.”

“We applaud the President for having the clarity of vision to see this, and the forthrightness to act on it. And we are glad that today the Supreme Court tossed out this lawsuit meant to block him,” Wilcox said.

The decision allows Trump to follow through on the effort, though the Census Bureau has yet to deliver final counts to the Commerce Department. Capitol Hill reports have indicated that final counts may not be ready until after President-elect Joe Biden assumes office on January 20, 2021.

Biden has suggested that he will not pursue the effort, claiming previously that the U.S. Constitution “clearly requires” illegal aliens to be counted in congressional apportionment.

States such as Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Utah, and West Virginia are projected to lose congressional seats if the illegal alien population is included in congressional apportioning.

Today, there are an estimated 11 million to 22 million illegal aliens living in the U.S. The Census estimates that based on current legal and illegal immigration levels, by 2060 about one-in-six residents will have been born outside the country.

John Binder is a reporter for Breitbart News. Follow him on Twitter at @JxhnBinder. 


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