Supreme Court won’t decide yet if Trump can exclude undocumented immigrants when allocating congressional seats

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from The Washington Post,

The Supreme Court on Friday dismissed a challenge to President Trump’s authority to exclude undocumented immigrants when deciding the size of each state’s congressional delegation, saying it was premature to decide the question at this point.

The court’s unsigned opinion said the constitutional and legal questions surrounding such action should wait until it is clear whether Trump would be able to make good on his plan. It is unclear whether the Census Bureau can come up with the population figures Trump seeks before he leaves office.

“We express no view on the merits of the constitutional and related statutory claims presented,” the opinion said. “We hold only that they are not suitable for adjudication at this time.”

The three liberal justices disagreed and said the court should say now that Trump lacks authority.

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