rainn.png
Thursday October 29th, 2020 9:37AM

Justices to weigh Trump census plan to exclude noncitizens

By The Associated Press
Related Articles
  Contact Editor

WASHINGTON (AP) — The Supreme Court agreed Friday to take up President Donald Trump's policy, blocked by a lower court, to exclude people living in the U.S. illegally from the census count that will be used to allocate seats in the House of Representatives.

Never in U.S. history have immigrants been excluded from the population count that determines how House seats, and by extension Electoral College votes, are divided among the states, a three-judge federal count said in September when it held Trump's policy illegal.

The justices put the case on a fast track, setting arguments for Nov. 30. A decision is expected by the end of the year or early in January, when Trump has to report census numbers to the House.

Trump’s high court nominee, Amy Coney Barrett, could take part in the case if, as seems likely, she is confirmed by then.

Last year, the court by a 5-4 vote barred Trump from adding a census question asking people about their citizenship. Justice Ruth Bader Ginsburg, who died last month, was part of that slim majority. Barrett would take Ginsburg's seat.

“President Trump has repeatedly tried — and failed — to weaponize the census for his attacks on immigrant communities. The Supreme Court rejected his attempt last year and should do so again," said American Civil Liberties Union lawyer Dale Ho, representing a coalition of immigrant advocacy groups that challenged Trump's plan in court.

Trump left it to Commerce Secretary Wilbur Ross, who oversees the Census Bureau, to figure out how many immigrants are not living legally in each state.

The outcome of the census case could affect the distribution of political power for the next 10 years. The census also helps determine the distribution of $1.5 trillion in federal funding annually.

The administration told the court that the president retains “discretion to exclude illegal aliens from the apportionment based on their immigration status.”

Trump’s violation of federal law is “not particularly close or complicated,” the ACLU said in a court filing arguing that the court shouldn't hear the case.

The Supreme Court separately allowed the administration to end the actual census count this week, blocking a court order that would have kept the count going until the end of the month.

The court did not take action on two other administration appeals of controversial policies on asylum seekers and the border wall that also were ruled illegal by lower courts.

Since early last year, the administration has made asylum-seekers wait in Mexico for U.S. court hearings, which has forced tens of thousands of people to return to Mexico.

Known informally as “Remain in Mexico,” the policy became a key pillar of the administration’s response to a surge of asylum-seeking families from Central America at the southern border. It also drew criticism for having people wait in dangerous cities.

The administration also is appealing a ruling that the administration can't spend more than Congress authorized for border security. After Congress refused to give Trump all the money he wanted for the wall, he declared a national emergency at the border and Defense Department officials transferred billions of dollars to the project.

Lower courts sided with states and environmental groups that challenged the transfer as a violation of the Constitution's provision giving Congress the power to determine spending. A separate suit from members of Congress also is making its way to the court.

The justices blocked the court rulings in both the asylum seekers and border wall cases, leaving the policies in effect. Arguments wouldn't heard before next year and the issues would have much less significance if Joe Biden were to become president. He could rescind Trump’s policy forcing asylum seekers to wait in Mexico, for example.

  • Associated Categories: Associated Press (AP), AP National News, AP Online National News, Top General short headlines, AP Online Headlines - Washington, AP Online Congress News, AP Online Supreme Court News, AP Elections, General Presidential Election News
© Copyright 2020 AccessWDUN.com
All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission.
Authorities: Top Mexico official helped smuggle drugs to US
U.S. authorities allege that Mexico’s former defense secretary helped a cartel smuggle thousands of kilograms of cocaine, heroin and other drugs into the United States in exchange for bribes
5:20PM ( 17 minutes ago )
Justices to weigh Trump census plan to exclude noncitizens
The Supreme Court has agreed to take up President Donald Trump’s policy, blocked by a lower court, to exclude people living in the U.S. illegally from the census count that will be used to allocate seats in the House of Representatives
5:18PM ( 18 minutes ago )
French leader decries terrorist beheading of teacher
French President Emmanuel Macron denounced what he called an “Islamist terrorist attack” against a history teacher beheaded in a Paris suburb Friday, urging the nation to stand united against extremism
5:15PM ( 22 minutes ago )
Associated Press (AP)
White House rejects Putin response to US arms control offer
The White House and the Kremlin are rejecting each other's ideas on extending the last major treaty governing their nuclear arsenals
4:41PM ( 56 minutes ago )
France: Teacher beheaded, police shoot dead suspected killer
A history teacher who opened a discussion with students on caricatures of Islam’s Prophet Muhammad was beheaded in a French street and police have shot the suspected killer dead, a police official says
4:25PM ( 1 hour ago )
Virus surges in key battleground states as election nears
Rising coronavirus cases in key presidential battleground states are the latest worry for election officials and voters a little more than two weeks before Election Day
4:07PM ( 1 hour ago )
AP National News
AP Explains: What's behind Trump's town hall answer on QAnon
Followers of the QAnon conspiracy theory are celebrating President Donald Trump's refusal to disavow their baseless belief that he is secretly fighting deep state enemies and a cabal of Satan-worshipping cannibals operating a child sex trafficking ring
2:22PM ( 3 hours ago )
Thousands arrive in Hawaii on first day pre-travel testing
About 8,000 people landed in Hawaii on the first day of a pre-travel testing program that allowed travelers to come to the islands without quarantining for two weeks if they could produce a negative coronavirus test
2:11PM ( 3 hours ago )
AP-NORC poll: Voters see the nation as fundamentally divided
The overwhelming majority of American voters believe the nation is deeply divided over its most important values, and many have doubts about the health of the democracy itself
1:26PM ( 4 hours ago )
AP Online National News
Record avalanche of early votes transforms the 2020 election
A record-setting amount of early voting has changed the 2020 election
2:17PM ( 3 hours ago )
UK says EU trade talks 'over' but bloc sees room for a deal
The British government says trade talks with the European Union are effectively over and the country must prepare for a no-deal break with the bloc, despite EU leaders declaring that negotiations will continue next week
11:06AM ( 6 hours ago )
Some businesses opening, expanding despite pandemic hurdles
The odds of success with a new business are always precarious
11:04AM ( 6 hours ago )
Top General short headlines
The Latest: Biden: US hasn't 'turned the corner' on virus
Joe Biden is mocking President Donald Trump for suggesting in a Thursday town hall that the U.S. has “turned the corner” in the fight against the coronavirus pandemic
4:23PM ( 1 hour ago )
The Latest: Biden praises Democratic leaders in Michigan
Democratic presidential candidate Joe Biden is heaping praise on leading Michigan Democrats as he tries to flip the state back his party’s presidential win column
4:10PM ( 1 hour ago )
The Latest: Biden, Harris test negative for virus Friday
Joe Biden’s campaign says the former vice president and his running mate, Kamala Harris, each tested negative Friday for COVID-19
3:39PM ( 1 hour ago )
AP Online Headlines - Washington
UK says EU trade talks 'over' after EU says they'll continue
British Prime Minister Boris Johnson’s spokesman says talks on a trade deal with the European Union are effectively “over,” despite the EU’s insistence they will continue next week
9:31AM ( 8 hours ago )
UK, EU each demand the other give way to strike trade deal
British Prime Minister Boris Johnson says the U.K. must prepare for a no-deal break with the European Union unless there is a “fundamental” change of position from the bloc
8:22AM ( 9 hours ago )
More questions on human rights for Beijing Winter Olympics
A coalition of human-rights groups has met with the International Olympic Committee over calls to pull the 2022 Winter Olympics out of Beijing
7:57AM ( 9 hours ago )
AP Online Congress News
Trump, Biden go at it — from a distance — in town halls
President Donald Trump and Democrat Joe Biden showed striking differences in temperament, views on racial justice and approaches to the pandemic that has reshaped the nation in dueling televised town halls
5:17AM ( 12 hours ago )
Trump, Biden go at it -- from a distance -- in town halls
President Donald Trump and Democrat Joe Biden squared off, in a way, Thursday night, their scuttled second debate replaced by dueling televised town halls
10:56PM ( 18 hours ago )
The Latest: Biden: Trump not 'chastened' by racial injustice
Democrat Joe Biden says President Donald Trump has not been “chastened” by the claims of racial injustice that have marked his presidency
9:50PM ( 19 hours ago )
AP Online Supreme Court News
The Latest: US report shows patterns of virus deaths shifted
A new U.S. government report shows that patterns of coronavirus deaths shifted over the summer, with rising percentages of the deaths in Hispanic people, and those living in the South and West
3:50PM ( 1 hour ago )
Black scholars form effort to fight trolls, disinformation
A group of U.S. Black scholars, activists and writers has launched a new project to combat misleading information online around voting, reparations and immigration
5:34AM ( 12 hours ago )
Guinea's president, 82, seeks to prolong rule in Sunday vote
Guinean President Alpha Conde, 82, is seeking a third term in office Sunday, insisting his attempt to prolong his rule does not make him a dictator
5:23AM ( 12 hours ago )
AP Elections
The Latest: Biden hedges on whether to mandate virus vaccine
Democrat Joe Biden is hedging on whether he would mandate that all Americans be vaccinated against COVID-19
8:38PM ( 20 hours ago )
The Latest: Biden says he won't eliminate all Trump tax cuts
Democrat Joe Biden says he doesn’t plan to eliminate all the tax cuts enacted by President Donald Trump, just those that apply to the top earners
8:34PM ( 21 hours ago )
The Latest: Trump claims mask wearers infected all the time
President Donald Trump says, without evidence, that people who wear face masks are getting infected with the coronavirus “all the time.”
8:31PM ( 21 hours ago )
General Presidential Election News
Authorities: Top Mexico official helped smuggle drugs to US
U.S. authorities allege that Mexico’s former defense secretary helped a cartel smuggle thousands of kilograms of cocaine, heroin and other drugs into the United States in exchange for bribes
5:20PM ( 17 minutes ago )
French leader decries terrorist beheading of teacher
French President Emmanuel Macron denounced what he called an “Islamist terrorist attack” against a history teacher beheaded in a Paris suburb Friday, urging the nation to stand united against extremism
5:15PM ( 22 minutes ago )
Trump changes course, approves California relief for 6 fires
President Donald Trump’s administration has reversed course and approved a previously rejected California application for disaster relief funds to clean up damage from six recent wildfires
5:14PM ( 23 minutes ago )
The Latest: Wisconsin breaks its COVID-19 case record
Wisconsin broke the record for new positive coronavirus cases on Friday for the third time in a week as a surge that began in early September shows no signs of abating
4:53PM ( 44 minutes ago )
Trump administration denies California relief for 6 fires
President Donald Trump’s administration has rejected California’s request for disaster relief funds aimed at cleaning up the damage from six recent wildfires
4:53PM ( 44 minutes ago )