The New York lawsuit against the Trump administration -over disqualification of unlawful aliens in the 2020 election- was dismissed today by the Supreme Court [full pdf here] under procedural grounds.
However, that said, there is a clear indication where the outcome is likely to end-up once the court takes up the case next year.
The high court noted no harm currently exists because the census report hasn’t been delivered to congress to begin the representative apportionment.
The ruling was 6-3 on process, with justices Elena Kagan, Sonia Sotomayor and Stephen Breyer signing a dissent on the case. Justice Breyer wanted to fire a shot into the administration by outlining a liberal opinion/perspective of the issue:
…”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,” Breyer wrote. “The Government’s effort to remove them from the apportionment base is unlawful, and I believe this Court should say so.”
Beyond the liberal argument this majority part should alarm everyone:
[…] “Everyone agrees by now that the Government cannot feasibly implement the memorandum by excluding the estimated 10.5 million aliens without lawful status,” the opinion later said. “Yet the only evidence speaking to the predicted change in apportionment unrealistically assumes that the President will exclude the entire undocumented population.” (read more)
In essence what the court is saying is they will not support unlawful aliens being excluded from the census and, as a consequence, congressional representation. It is just too early for them to decide because the harm has not been incurred.
This is an alarming position when cast against the recent SCOTUS decisions on 2020 election. Texas has no standing to file suit based on harm from election fraud, the voices of Texas voters are moot to the court; and now the same court is saying any unlawful alien residing in the United States should be granted a voice in government.
