Posted on 10/22/2020 8:35:31 AM PDT by yesthatjallen
A federal court in California on Thursday ruled against President Trump's order to exclude undocumented immigrants from the census count for apportioning congressional seats, dealing the administration its second court loss over the July executive memorandum.
A panel of three judges for the U.S. District Court in the Northern District of California ruled that the memo was unconstitutional and violated laws governing the census.
"The policy which the Presidential Memorandum attempts to enact has already been rejected by the Constitution, the applicable statutes, and 230 years of history," the panel wrote in a 90-page decision.
The order forbids the Commerce Department from reporting any information to the White House that would help carry out the order.
Trump issued the memorandum in July, ordering the Commerce Department to explore ways to keep undocumented immigrants out of the apportionment process.
California sued to block the order, saying the constitution and the law require that apportionment be based on each state's entire population, regardless of citizenship status.
The Supreme Court is set to hear oral arguments next month over a similar ruling from a federal district court in New York in September that found the order unlawful. The high court has fast-tracked the case.
SNIP
(Excerpt) Read more at thehill.com ...
Illegal Aliens
Unconstitutional?
Does the constitution apply to non legal residents of the USA?
I’m sure this has been decided but cannot recall.
“A panel of three judges for the U.S. District Court in the Northern District of California ruled that the memo was unconstitutional and violated laws governing the census.”
Going to be a 5-4 SCOTUS. This will be overturned.
Get ACB on the Supreme Court and this BS will be sorted out. Robert’s whims won’t matter anymore.
The Supreme Court is set to hear oral arguments next month over a similar ruling from a federal district court in New York in September that found the order unlawful. The high court has fast-tracked the case.
Yes. “Just to be clear, Your Honor, these are indeed ILLEGAL ALIENS who need to be deported immediately. They should not be counted as residents.”
Illegal transient aliens are not residents.
“The order forbids the Commerce Department from reporting any information to the White House”
Fine.
So have the Commerce Dept turn over the information to the appropriate Senate Committee, who would then turn it over the Chief of Staff, and . . . Voila!
Is not the Census, as described in the US Constitution— to be of the Citizens of the US-— not just anybody who happens to be in the US-— legally or illegally?
Will have to re-read the Article. Whoever they “count” has to be IN the census questionnaire we are required to return.
the Original Intent was to enumerate... and not include foreigners. The abuse of the 13th/14th Amendment in the determination of this (which was applicable to the newly freed enslaved people.... only) has been broadened to include— “anybody who is here”. Try that in France-— hah!
“The policy which the Presidential Memorandum attempts to enact has already been rejected by the Constitution, the applicable statutes, and 230 years of history”
ABSOLUTE BS.
Apportionment is not for the purpose of representing foreign nationals any more then it’s supposed to be about representing slaves. The 3/5 compromise was disgusting when it was adopted - the Northern colonies wanted ZERO - and it’s even more repugnant to count people who invaded the United States in any way: they don’t deserve “representation”. It legitimizes their claim to occupy the land. Is Invasion a civil right?
Do like the democommies would. Court? Pffftttttt! Ignore, proceed, repeat. Besides, didn’t the census thing end this week already? I wonder if the tried to contact me in person because of the lack of info. Basically, two people of the human RACE live at this address. That is all.
Hasn’t the US Supreme Court already ruled on this issue just last week in favor of Trump?
Paging Justice Notorious ACB....
These judges are anti American commie operatives. They need to be impeached or worse.
California fighting for its ill gotten congressmen and relevance. Stealing representation from other more honest states and it’s citizens. Totally disgraceful.
Supreme Court?
Something needs to be done about these liberal activist judges.
As of September 14, 2018:
Age Title Judge Duty station Born Term of service Appointed by 68 Chief Judge Phyllis Jean Hamilton Oakland 1952 2000–present &2014–present Clinton 75 District Judge William Haskell Alsup San Francisco 1945 1999–present — — Clinton 75 District Judge Jeffrey White Oakland 1945 2002–present — — G.W. Bush 64 District Judge Richard G. Seeborg San Francisco 1956 2010–present — — Obama 52 District Judge Lucy Koh San Jose 1968 2010–present — — Obama 68 District Judge Edward Davila San Jose 1952 2011–present — — Obama 67 District Judge Edward M. Chen San Francisco 1953 2011–present — — Obama 55 District Judge Yvonne Gonzalez Rogers Oakland 1965 2011–present — — Obama 58 District Judge Jon S. Tigar Oakland 1962 2013–present — — Obama 67 District Judge William Orrick III San Francisco 1953 2013–present — — Obama 60 District Judge James Donato San Francisco 1960 2014–present — — Obama 67 District Judge Beth Labson Freeman San Jose 1953 2014–present — — Obama 51 District Judge Vince Chhabria San Francisco 1969 2014–present — — Obama 51 District Judge Haywood Gilliam Oakland 1969 2014–present — — Obama ====================== 87 Senior Judge Thelton Henderson inactive 1933 1980–1998 1998–present Carter &1990–1997 73 Senior Judge Saundra Brown Armstrong Oakland 1947 1991–2012 2012–present G.H.W. Bush 78 Senior Judge Ronald Whyte inactive 1942 1992–2009 2009–present G.H.W. Bush 71 Senior Judge Claudia Ann Wilken Oakland 1949 1993–2014 2014–present Clinton &2012–2014 78 Senior Judge Maxine M. Chesney San Francisco 1942 1995–2009 2009–present Clinton 72 Senior Judge Susan Illston San Francisco 1948 1995–2013 2013–present Clinton 79 Senior Judge Charles R. Breyer San Francisco 1941 1997–2011 2011–present Clinton
& denotes Chief Judge of the Court
https://www.documentcloud.org/documents/7274431-City-of-San-Jose-Oct-22-2020-Order.html
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