San Antonio Express-News

Justices dismiss suit on census counting

- By Adam Liptak

WASHINGTON — The Supreme Court on Friday dismissed a lawsuit challengin­g the Trump administra­tion’s plan to exclude immigrants in the country illegally from the calculatio­ns used to allocate seats in the House, saying it was premature.

The court’s ruling handed the Trump administra­tion an interim victory, allowing it to continue to pursue an effort that could shift the allotment of both congressio­nal seats and federal money to states that are older, whiter and typically more Republican.

“At present,” the court said in an unsigned opinion, “this case is riddled with contingenc­ies and speculatio­n that impede judicial review.”

“We express no view on the merits of the constituti­onal and related statutory claims presented,” the opinion said. “We hold only that they are not suitable for adjudicati­on at this time.”

The court’s three liberal members dissented. They said the case was far enough along and that they would have ruled the plan unlawful.

“The plain meaning of the governing statutes, decades of historical practice and uniform interpreta­tions from all three branches of government demonstrat­e that aliens without lawful status cannot be excluded from the decennial census solely on account of that status,” Justice Stephen Breyer wrote in a dissent joined by Justices Sonia Sotomayor and Elena Kagan. “The government’s effort to remove them from the apportionm­ent base is unlawful, and I believe this court should say so.”

“Where, as here, the government acknowledg­es it is working to achieve an allegedly illegal goal,” Breyer wrote, “this court should not decline to resolve the case simply because the government speculates that it might not fully succeed.”

Dale Ho, a lawyer with the American Civil Liberties Union, which represents some of the challenger­s, said the ruling was a temporary setback.

“This Supreme Court decision is only about timing, not the merits,” he said in a statement. “This ruling does not authorize President Trump’s goal of excluding undocument­ed immigrants from the census count used to apportion the House of Representa­tives.”

Hoe added, “If this policy is ever actually implemente­d, we’ll be right back in court challengin­g it.”

Newspapers in English

Newspapers from United States