Michael Hernandez
18 December 2020•Update: 19 December 2020
WASHINGTON
The Supreme Court sided with US President Donald Trump on Friday, dismissing a challenge to his plan to exclude undocumented migrants from the once in a decade national census.
The 6-3 ruling, which split into ideological lines, determined that the lawsuit brought by a coalition of about two dozen states was premature and therefore lacked standing. It is not a final ruling on the matter, however, and the states can sue again should the president implement his plan.
"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 Supreme Court said in an unsigned order.
Writing in dissent on behalf of himself, Justice Sonia Sotomayor and Elena Kagan, Justice Stephen Breyer said "the Government’s effort to remove them from the apportionment base is unlawful, and I believe this Court should say so."
"The Court disagrees. It argues that it is now uncertain just how fully the Secretary will implement the Presidential memorandum. In my view, that uncertainty does not warrant our waiting to decide the merits of the plaintiffs’ claim."
The 10-year census is used, among other things, to determine each state's apportionment of seats in the House of Representatives. Trump is required by law to submit a report to Congress in January based on the census data, which is then used to determine allotment.
Still, it is unclear if the president will receive the final tally he needs before he leaves office Jan. 20. That is due, in part, to delays in the count brought on by the coronavirus pandemic.
