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SCOTUS Hears Case on Whether or Not the Census Must Include Undocumented Immigrants

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  • On Monday, the U.S. Supreme Court began hearing a case over whether a sitting president is allowed to exclude undocumented immigrants from the Census.
  • The arguments in favor, brought by President Donald Trump, have already lost in three lower courts. 
  • If SCOTUS were to side with Trump, it would break 230 years of precedent. It could also affect the makeup of the House of Representatives, the electoral college, and billions of federal dollars sent each year to states.
  • Census officials have indicated that they may not be able to submit a final tally before Trump leaves office, potentially leaving the situation largely moot under President-elect Joe Biden, who would almost certainly include figures for undocumented immigrants.

SCOTUS Begins Hearing Census Case

The United States Supreme Court has begun hearing a case that could affect billions in federal funding as well as the makeup of the House of Representatives for the next 10 years.

The case in question concerns whether or not President Donald Trump is allowed to exclude undocumented immigrants from the Census. In lower courts, the Trump administration has argued that it should be up to presidents to decide whether undocumented immigrants should be counted.

Notably, three lower courts have all rejected the administration’s argument. A fourth said the time wasn’t right to answer the question. Ultimately, the decision will now be up to the Court.

If it decides in favor of the Trump administration, which is seeking to remove undocumented immigrants from the final tally of the 2020 Census, that would be unprecedented. In U.S. history, noncitizens have been counted in every Census since the first one in 1790. Each census is conducted once every 10 years.

This also won’t even be the first time SCOTUS has considered a question around the Census. Last year, President Trump tried to add a question that would ask whether a person was a U.S. citizen.

Source: U.S. Census Bureau

Immigrants rights’ advocates worried that if the Court ruled in Trump’s favor, it could discourage undocumented immigrants from filling out the Census. Ultimately, SCOTUS ruled the opposite way, siding 5-4 with lawyers who argued that just the news of Trump trying to add the question was enough to discourage immigrants from filling out the form. 

Chief Justice John Roberts was the deciding vote in that ruling, as he broke from the Court’s conservative justices to side with the liberal bloc. At the time, that included Justice Ruth Bader Ginsburg. 

Amy Coney Barrett Could Be the Deciding Vote

After failing to have the citizenship question implemented, Trump issued a July memo that directed Commerce Secretary Wilbur Ross to submit two counts to him: one with the full Census count and another with that same count minus undocumented immigrants. The goal? To use the second count as the official Census count.

From there, a group of 22 states and local officials, along with organizations represented by the American Civil Liberties Union, sued the Trump administration.

“Nothing in the text or history of the Constitution or the Census Act suggests that [the Trump administration] may treat millions of people who undisputedly live here as if they were not here, solely because of their immigration status,” lawyers for the state argued. 

In fact, they’ve even argued that Trump’s policy is directly in violation of the Constitution because it requires “the whole number of persons in each state” to be counted for apportionment of the House of Representatives.

As for whether SCOTUS will side with Trump or immigrant rights’ advocates, there is a major difference between the Court this year and the Court last year: Ginsburg is gone. 

In her place, there is now Justice Amy Coney Barret, a conservative Trump appointee who was the deciding vote in a 5-4 case last week that now bars New York Governor Andrew Cuomo’s restrictions on gatherings for religious services. Roberts was the lone conservative to dissent. 

That means that even if Roberts were to dissent from the Court’s other conservatives again for the Census vote, they would still hold a majority of the voting power. 

If those conservative justices do side with Trump, that could have lasting effects for the next 10 years. The Census determines how many Representatives each state sends to Congress. That number is also used to determine how many votes each state has in the electoral college during presidential elections.

That could mean states with large immigrant populations — such as California, Texas, and Florida — could lose seats, while states with smaller populations and low immigrant populations might gain them. For example, Alabama could gain seats even though it is currently projected to lose a seat in the near future.

The Census also determines how much states receive from Congress’ annual $1.5 trillion budget. That could mean a lot of money lost for states with large immigrant populations.

Can Biden Change This?

It’s possible that Trump’s goals could be rendered moot — in part or in full.

For one, it is unclear how SCOTUS will decide. Conservative justices like Barrett could be swayed by arguments that there is no room for interpretation of the Constitution’s words. In fact, Barrett herself has championed her belief that the Constitution should be interpreted as it was written. On Monday, she even seemed to suggest that the founding fathers intended all residents should be counted.

On top of that, judges also risk breaking 230 years of precedent and the decision of dozens of judges in lower courts.

Also on Monday, Roberts suggested that the case may be too premature to rule on, as the Trump administration has yet to go through with its plan.

If it does eventually side with Trump, that could impede Biden’s ability to challenge Trump’s numbers.

SCOTUS aside, Census officials have said that they’re having difficulties processing responses, meaning that a final count could be delayed past Trump’s term. According to The Washington Post, Census employees are frustrated and exhausted, some reportedly working up to 15 hour days.

“We are not currently on pace to send the report to the president by the year-end statutory deadline,” acting Solicitor General Jeffrey Wall said Monday.

While a final count is currently required to be submitted by Dec. 31, in the event that the final count does come after Biden’s inauguration on Jan. 20, Trump’s efforts for this Census will almost certainly be in vain.

Even if Trump did submit the numbers on time, it’s possible that Congress could reject them. That could then leave Biden with a chance to submit a final count that includes uncodumented immigrants once he becomes president. 

See what others are saying: (The Washington Post) (Bloomberg) (Reuters)

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Biden Outlines $1.9 Trillion Stimulus Plan

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  • President-elect Joe Biden unveiled a sweeping $1.9 trillion coronavirus relief stimulus proposal on Thursday.
  • Under the plan, $1 trillion would go to direct relief for Americans. This includes a round of $1,400 stimulus checks, an extension and $400 weekly increase to federal unemployment benefits, and a $15 minimum wage.
  • The proposal would also allocate $440 billion for aid to local governments and businesses, as well as provide $400 billion to directly fight the coronavirus with more testing and vaccinations, among other efforts.

Biden Outlines Direct Aid in Stimulus Plan

President-elect Joe Biden announced the details of his $1.9 trillion coronavirus relief stimulus package while speaking at an event in Wilmington, Delaware on Thursday.

Biden described the package, titled “American Rescue Plan,” as a set of emergency measures to immediately address the country’s economic and healthcare needs. The package will be followed by a second, broader relief package in February, which will aim to address more long-term economic recovery efforts.

Most significantly, $1 trillion — more than half of the funding allocated in the first package — will go to direct relief for Americans. Among other measures, the direct aid provisions in the plan include increasing federal unemployment benefits from $300 a week to $400 a week and extending them from March to September.

Biden’s plan also includes $1,400 stimulus checks to top off the $600 already approved in the December stimulus package. However, eligibility for the direct payments would be expanded to families of non-citizen immigrants as well as families with adult dependents.

Additionally, the proposal includes several other measures targeted at directly helping struggling Americans, such as raising the federal minimum wage to $15 an hour, adding billions in funding for child care, and expanding the child tax credit to poor and middle-class families.

Broader Goals

As for the broader economic and pandemic-centered measures, Biden’s package would allocate $440 billion for aid to states, local governments, and businesses. It would also provide $400 billion to directly fight the coronavirus, with a major focus on expanding testing and accelerating vaccine distribution.

Biden has set the dual goals of delivering 100 million vaccines and reopening the majority of K-12 public schools in his first 100 days. To meet that objective, his plan includes $20 billion for a universal vaccination program, $50 billion to expand testing, and $130 billion to help schools reopen safely.

The proposal, overall, meets many of the demands for direct aid that Democrats have pushed for months but have been unable to approve with the Republican-controlled Senate. Now that Democrats hold the presidency and control of both chambers, many members have urged Biden to ask for an even higher price tag.

Biden, for his part, has said he would like to try for a bipartisan majority on his first piece of legislation, but given Republicans months-long resistance to many Democratic asks, that desire is likely a pipe-dream.

See what others are saying: (The Washington Post) (The New York Times) (CNN)

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Democrats Ask for Investigation into GOP Members Aiding Rioters

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  • More than 30 House Democrats signed a letter Wednesday demanding that security officials look into “suspicious behavior and access given to visitors” at the Capitol the day before last week’s insurrection.
  • The lawmakers claimed they “witnessed an extremely high number of outside groups” visiting, including guests who “appeared to be associated with the rally at the White House the following day.”
  • The letter comes one day after Rep. Mikie Sherrill (D-NJ) accused her Republican colleagues of bringing rioters into the Capitol the day before for “reconnaissance.” 
  • Notably, neither the letter nor Sherill herself directly named any members, and these claims have not yet been verified.

Demands for Investigation

Congressional Democrats are demanding an investigation into whether Republican representatives aided the Capitol rioters who lead last Wednesday’s insurrection.

In a letter signed by 31 members Wednesday, lawmakers asked the acting House and Senate Sergeants at Arms to look into “suspicious behavior and access given to visitors” the day right before the attack. 

In that letter, the Democrats say that they as well as some of their staffers “witnessed an extremely high number of outside groups” visiting the Capitol.

They pointed out that was unusual because the building has restricted public access since March as part of pandemic protocols. Since then, tourists have only been allowed to enter the Capitol if they were brought in by a member of Congress.

The members found the tours “so concerning” that they reported them to the Sergeant at Arms the same day.

“The visitors encountered by some of the Members of Congress on this letter appeared to be associated with the rally at the White House the following day,” the letter continued. “Members of the group that attacked the Capitol seemed to have an unusually detailed knowledge of the layout of the Capitol Complex.” 

The demands come after Rep. Mikie Sherrill (R-NJ) claimed during a Facebook livestream Tuesday that she saw Republican representatives bringing now-identified rioters into the Capitol the day before the riots for “reconnaissance.” Sherrill also alleged that some of her GOP colleagues “abetted” Trump and “incited this violent crowd.”

Members Under Fire

Neither the letter nor Sherill have directly named any members, and none of these claims have yet been verified. However, over the last few days, a number of Republicans have been condemned for their perceived involvement in inciting the rioters.

In a now-deleted video, right-wing conspiracy theorist and “Stop the Steal” organizer Ali Alexander claimed he had planned the rally that took place before the riot with the help of three House Republicans: Paul Gosar (Az.), Andy Biggs (Az.), and Mo Brooks (Al.). All three men voted to undermine the will of the American people and throw out the electoral votes in Arizona following the insurrection. 

Biggs and Brooks have both denied that they have any involvement, but Gosar, who tagged Alexander in a tweet he posted just hours before the attack, has not responded to any requests for comment from several outlets.

“Biden should concede,” Gosar wrote. “I want his concession on my desk tomorrow morning. Don’t make me come over there. #StopTheSteaI2021”

While Brooks has denied any involvement in planning the rally, his remarks to the would-be domestic terrorists at the event have sparked widespread condemnation.

“Today is the day that American patriots start taking down names and kicking ass,” he told the crowd. “Are you willing to do what it takes to fight for America?”

Some House Democrats introduced resolutions to censure Brooks for his comments. Other members have also been pushing to invoke Section 3 of the 14th Amendment, a relic of the post-Civil War era which disqualifies people who “have engaged in insurrection or rebellion” against the U.S. from holding public office. 

Rep. Cori Bush (D-Mo.) has also received 47 co-sponsored on her proposed resolution that would start investigations for “removal of the members who attempted to overturn the results of the election and incited a white supremacist attempted coup.”

See what others are saying: (The Washington Post) (The New York Times) (CNN)

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House Impeaches Trump By Largest Bipartisan Margin in History

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  • The House voted to impeach President Donald Trump on Wednesday for “inciting an insurrection,” making him the first-ever president to be impeached twice.
  • Ten Republicans broke party ranks to vote in favor of impeachment, which means this is the most bipartisan impeachment in U.S. history.
  • Ahead of the vote, sources close to Senate Leader Mitch McConnell told reporters he believes Trump committed impeachable offenses and that he was pleased Democrats were moving forward with a vote because it will make it easier to “purge” Trump from the party.
  • McConnel later said he has not yet decided whether he will vote to convict Trump. Still, he has refused to convene the Senate before Jan. 19, meaning that as of now, there is little chance that the Senate will conduct a trial and oust Trump before his term ends.

House Debates Impeachment

The U.S. House of Representatives voted 232 to 197 to impeach President Donald Trump on Wednesday for “inciting an insurrection,” making him the first-ever president to be impeached twice.

All Democrats voted in favor of the single article. They were also joined by 10 Republicans, which means this is the most bipartisan impeachment in U.S. history.

The decision was debated on the floor after Vice President Pence rejected Democrats’ calls to invoke the 25th amendment and remove Trump from office.

Most notable among the Republican members who voted to impeach was Liz Cheney (R-WY), the number three House Republican who announced her decision Tuesday night.

“There has never been a greater betrayal by a president of the United States of his office and his oath to the Constitution,” she said in a statement.

Questionable Path in Senate

No Republican Senators have publicly said they support removing Trump from office.

On Tuesday, The New York Times reported that sources close to Senate Leader Mitch McConnell (R-KY) said he “has told associates that he believes President Trump committed impeachable offenses and that he is pleased that Democrats are moving to impeach him, believing that it will make it easier to purge him from the party.”

Sources separately told Axios that “there’s a better than 50-50 chance” that McConnell would vote to convict Trump.

McConnell responded to the reports earlier on Wednesday but did not outright dispute many of the claims.

“While the press has been full of speculation, I have not made a final decision on how I will vote and I intend to listen to the legal arguments when they are presented to the Senate,” he said.

As for whether or not other members of the GOP would follow suit, a top Republican close to McConnell also told Axios that “Senate institutional loyalists are fomenting a counterrevolution” to Trump. 

Additionally, McConnell’s advisers have said that he has “privately speculated that a dozen Republican senators — and possibly more — could ultimately vote to convict.” Notably, it would most likely require 17 Republicans to join Democrats in order for Trump to be found guilty.

In regards to a timeline, the Senate is in recess and not set to reconvene until Jan. 19, the day before Joe Biden’s inauguration. McConnell has rejected calls to ask that members return before then, meaning that as of right now there is very little chance that the Senate will conduct a trial and oust Trump before he leaves office.

See what others are saying: (The Washington Post) (The New York Times) (CNN)

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