SCOTUS Allows President Trump to Try to Exclude Undocumented Persons from Census Apportionment Base

In an unauthored opinion in Trump v. New York , the U.S. Supreme Court refused to decide whether President Trump could lawfully and constitutionally direct the Secretary of Commerce to provide information to him about the number of undocumented persons so he could exclude them from the census apportionment base. As a result, President Trump’s memorandum to this effect survives for now. Federal law requires the Secretary of Commerce to “take a decennial census of population” and report to the President “[t]he tabulation of total population by States.” The President then transmits to Congress a...