Counting non-citizens as a means of determining congressional districts is an infringement of the rights of citizens. Certain congressional districts in CA, NY, TX are inflated with non-citizens. Meanwhile, other congressional districts in some of the same states and medium sized states are proportionally under represented. This would appear to be a constitutional, and voting rights violation against citizens.
I would hope that a case be brought against this judges on these grounds. A Northern NY congressional district for example.
And would be akin to counting foreigners working here on Visas or even people here on vacation.
I like your idea of a NY Republican member of the House to bring a lawsuit. Talk about "disenfranchisement".