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High court rules challenge to Trump census plan is premature

A divided Supreme Court has dismissed as premature a challenge to President Donald Trump’s plan to exclude people living in the country illegally from the population count used to allot states seats in the House of Representatives. The court’s decision Friday, led by its conservative justices, is not a final ruling on the matter and, while it allows Trump to pursue the plan for now, it’s not clear whether he will receive final numbers from the Census Bureau before he leaves office next month. If the president still has not received final census numbers by the time Joe Biden takes office Jan. 20, Trump’s plan will be effectively dead because Biden is extremely unlikely to pursue it. It’s also possible the Biden administration would take steps to try to reverse decisions made under Trump. For now, though, the high court said it was too soon to rule on the legality of Trump’s plan because it’s not yet clear how many people he would seek to exclude and whether the division of House seats would be affected. The court said in an unsigned opinion that “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.” At least five of the court’s six conservative justices had to join the opinion to make a majority on the nine-member court. The three liberal justices dissented, saying the effort to exclude people in the country from the population for divvying up House seats is unlawful. “I believe this Court should say so,” Justice Stephen Breyer wrote, joined by Justices Elena Kagan and Sonia Sotomayor. It’s not clear that Friday’s decision will have much practical effect. Documents leaked to the House committee that oversees the Census Bureau suggest the apportionment numbers won’t be ready until after Jan. 20, when Trump leaves office and Biden becomes president. The Census Bureau has acknowledged the discovery of data irregularities in recent weeks that put the Dec. 31 deadline in federal law for transmitting numbers to the president in jeopardy. Dale Ho, the American Civil Liberties Union lawyer who argued the case for the challengers, said the decision was about the timing of the case, not whether the plan complies with federal law. “This ruling does not authorize President Trump’s goal of excluding undocumented immigrants from the census count used to apportion the House of Representatives. The legal mandate is clear — every single person counts in the census, and every single person is represented in Congress. If this policy is ever actually implemented, we’ll be right back in court challenging it,” Ho said. No president has tried to do what Trump outlined in a memo in July — remove millions of noncitizens from the once-a-decade head count of the U.S. population that determines how many seats each state gets in the House of Representatives, as well as the allocation of some federal funding. States with large populations of people who are in the country illegally could lose seats in the House under Trump’s plan, and the president signaled in his memo that punishing states that “encourage illegal aliens” is one reason he issued it. By the administration’s estimate, California could lose two to three House seats if people living in the country illegally were excluded based on what the administration said are more than 2 million such California residents. His administration has defended his authority to exclude at least some people living in the country illegally, including perhaps people who are in immigration detention or those who have been ordered to leave the country. But during arguments last month, acting Solicitor General Jeffrey Wall, Trump’s top Supreme Court lawyer, would not rule out larger categories of immigrants, including those who have protection from deportation under the DACA program.

Federal judge casts doubt on Trump’s Wisconsin lawsuit

A federal judge Thursday cast doubt on President Donald Trump’s lawsuit that seeks to overturn Joe Biden’s win in Wisconsin, saying siding with Trump would be “the most remarkable ruling in the history of this court or the federal judiciary.” Trump is pursuing extraordinary attempts to overturn Biden’s win with a pair of lawsuits in Wisconsin, in federal and state courts. Hearings on both cases were scheduled for Thursday. In the state case, Trump wants to disqualify more than 221,000 ballots and in the federal case he wants to give the GOP-controlled Legislature the power to name Trump the winner. At the beginning of arguments in the federal case, U.S. District Judge Brett Ludwig marveled at Trump’s request. “It’s not lost on me that this is a political case, obviously, and that the relief that’s been requested, if that relief were granted, this would be a most remarkable proceeding and probably the most remarkable ruling in the history of this court or the federal judiciary,” Ludwig said. Ludwig, a Trump appointee, had previously called the Trump request “bizarre” and “very odd.” Trump’s attorney Bill Bock argued that the election wasn’t run properly and that the risks of voter fraud were increased because ballot drop boxes were not staffed, voting by mail was widely used and voters who said they were indefinitely confined were allowed to cast absentee ballots without showing a valid photo ID. “In what what area of American life is it more important that the rules be followed and the playing field be level than in an election for president of the United States?” Bock said. Trump’s attorneys are urging the courts to act quickly so he can appeal any adverse ruling before members of the Electoral College meet on Monday and cast Wisconsin’s 10 votes for Biden. Attorneys for Gov. Tony Evers and the bipartisan state elections commission say the cases are without merit and should be dismissed. On Wednesday, a federal judge in Wisconsin dismissed another lawsuit filed by the chairman of the La Crosse County Republican party that argued there was massive fraud that warranted the court declaring Trump the winner. Similar lawsuits, all filed by Trump’s former campaign attorney Sidney Powell, have been dismissed in Arizona, Georgia and Michigan. Powell appealed the Wisconsin ruling on Thursday to the 7th U.S. Circuit Court of Appeals. Trump’s state lawsuit made Wisconsin the only state that missed Tuesday’s safe harbor deadline, which means Congress has to accept the electoral votes that will be cast Monday and sent to the Capitol for counting on Jan. 6. Missing the deadline won’t deprive Wisconsin of its 10 electoral votes.