Supreme Court Requires Lower Courts to Exclude Illegal Aliens From Census Count

Supreme Court Requires Lower Courts to Exclude Illegal Aliens From Census Count
The U.S. Census logo appears on census materials received in the mail with an invitation to fill out census information online in San Anselmo, Calif., on March 19, 2020. Justin Sullivan/Getty Images
Matthew Vadum
Updated:

Following its ruling earlier this month that allowed the Trump administration to remove illegal aliens from the 2020 Census count, the Supreme Court on Dec. 28 threw out two lower court decisions that went the other way, that barred the government from eliminating that population from the process of allocating congressional seats and Electoral College votes that officially determine the presidency.

In the cases Trump v. Useche from Maryland and Trump v. City of San Jose, California, the Supreme Court vacated the judgments of the lower courts, sending the cases back to those courts “with instructions to dismiss for lack of jurisdiction.”