The Trump administration on Wednesday moved to have the Supreme Court decide whether undocumented immigrants can be excluded from the apportionment count of the 2020 census.
What is the timeline on something like this? Could they actually get a ruling before 2021?
Some love the smell of desperation flop sweat. Not me…
The brown folks are comin’ to get ya, Donnie…
And here we go…THIS is what is known as ‘packing the courts’ and not only did they screw with the Supremes but McConnell has spent 4 years handing out lifetime appointments to unqualified College Republicans right out of law school.
“The Trump administration on Wednesday moved to have the Supreme Court decide whether undocumented immigrants can be excluded from the apportionment count of the 2020 census.”
United States Constitution, 14th Amendment, Section 2: ”Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed.”
Done.
”Next!”
When was the last time the house was split by 1-2 seats? Or the electoral college by 1-2 votes? DC and Puerto Rico statehood would do way more than this to get us a more representative system
The Trump administration on Wednesday moved to have the Supreme Court decide whether undocumented immigrants can be excluded from the apportionment count of the 2020 census.
Not according to the Constitution.
US Constitution, Amendment XIV, Section 2
Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed.
Of course, the fatuous five seems to have little regard for the plain wording of the Constitution.
ETA: @irasdad beat me by milliseconds.
Only if they move for and receive expedited briefing and argument and the Court really accelerates its opinion. Usual briefing schedule is 45 days from appeal/grant of cert, 30 days to respond and 30 days to reply.
They might get it, but the court might also consider the fact that he’s on borrowed time and keep it on the slow boat anticipating the appeal will be withdrawn by the Biden Administration. If they get it, it’s not a good sign.
We will have to do the census over next year. It’s the only real solution.
They Supreme Court knows how to expedite cases when there are real deadlines involved. And in the meantime, the judgment of the three-judge court remains in effect, preventing the administration from implementing Operation Three-Fifths unless SCOTUS issues a stay (which is unlikely to happen, in my estimation).
I have given up on estimating the capacity of this SCOTUS to do any given appalling, terrifying thing.
The amount of desperation on all these Trump court cases is just exhausting. They take bad faith stands and drag everything thru the court system to delay and throw the dice hoping for a win. The way this has warped our government function is just unprecedented. There is not even a thought about how the legal case law will be warped for ANY future president of either party. That used to have a restraining influence-- 'What about when we don’t control the House/Senate/Executive branch? As if the really believe there is no tomorrow. Most discouraging.
Constitutionally, it has to be done by 12/31/2020. Apportionment on the basis of a census taken after that date would be unconstitutional and, on balance, that’s a good thing because the potential for abuse is horrific.
And it does not have to be accepted by the Congress.
So all those rural places that have meat packing facilities that aren’t in FL or CA will also be screwed, no?
Thanks Tierney!
You are technically correct, but let’s see if the wing nut bloc on the Court tries to rule otherwise. I don’t think they can get away with it, “originalism” be damned. (It would be just like them to try to revive the "3/5ths rule, too.)
Trump Admin continues to tilt at windmill known as Constitution.
I’m reasonably certain that the only Constitutional requirement is that the census be conducted every 10 years. It is a legal requirement that Congressional apportionment be completed, not explicit in the Constitution.
Donnie, there’s the matter of the pesky U.S. Constitution you swore to preserve, protect and defend. Remember?