U.S. Supreme Court Dismisses Census Apportionment Case

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Today, the U.S. Supreme Court dismissed Trump v. New York, a case challenging the Trump administration’s attempt to exclude undocumented immigrants from the census count when apportioning congressional representatives.

Statement by Keshia Morris Desir, Census and Mass Incarceration Project Manager:

“In our census and the redistricting process, every person and community counts. But the Trump administration has made clear its intention to attempt to erase millions of people from the apportionment process and is once again trying to use the Census as a political weapon to disempower communities of color.

Three-lower district courts have rejected Trump’s attempt to not count undocumented immigrants as unlawful on statutory and constitutional grounds. The Constitution, as amended, says every person should be counted in the census, which is the way we’ve done it for all of modern history. The census is about lifting all of our voices. Our communities are entitled to fair representation. If undocumented people aren’t counted, we all lose.

Given the timing of today’s decision from the Supreme Court, it is doubtful that Trump administration will be able to enforce its July 2020 apportionment memorandum that was at question in this case. Moving forward, Common Cause urges President-elect Biden to rescind the Trump memorandum.”


Common Cause submitted an amicus brief in Trump v. New York in opposition to Trump’s census memo.