How will the court vote on Illegal immigrant Census case?
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  How will the court vote on Illegal immigrant Census case?
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Author Topic: How will the court vote on Illegal immigrant Census case?  (Read 2417 times)
Lechasseur
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« Reply #25 on: December 18, 2020, 06:57:23 PM »

I can see an argument that illegal immigrants should not be counted because they are not supposed to be in the US?

In theory illegal immigrants are supposed to be arrested on the spot and deported when found out.

I can't see any argument to exclude legal immigrants from counting though.
The constitutional text itself requires that undocumented immigrants be counted. That's why "citizens" and "persons" both appear in the text. The tradition for over 200 years was to have them counted.

Well, you can be a legal resident without being a citizen
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #26 on: December 19, 2020, 10:54:20 AM »

6-3 per curiam dismissal for lack of standing, with Breyer, Sotomayor, & Kagan dissenting (get used to that). The plaintiffs can re-file their case & appropriately litigate the merits once there's a live case/controversy, but given that Census data delays mean that presidential approval of the apportionment isn't able to happen 'til after January 20th, Biden will just end up mooting the case by having the Census Bureau re-do the apportionment with undocumented residents included in the count.
Which just goes to show that the liberal wing can be political also. Clearly they are angling to give Trump one more humiliation as he heads out the door. But also, the case is not yet ripe.
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brucejoel99
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« Reply #27 on: December 19, 2020, 02:13:11 PM »

6-3 per curiam dismissal for lack of standing, with Breyer, Sotomayor, & Kagan dissenting (get used to that). The plaintiffs can re-file their case & appropriately litigate the merits once there's a live case/controversy, but given that Census data delays mean that presidential approval of the apportionment isn't able to happen 'til after January 20th, Biden will just end up mooting the case by having the Census Bureau re-do the apportionment with undocumented residents included in the count.

Which just goes to show that the liberal wing can be political also. Clearly they are angling to give Trump one more humiliation as he heads out the door. But also, the case is not yet ripe.

If nothing else, at least Breyer/Sotomayor/Kagan get to be the new Three Musketeers.
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