The US Supreme Court said Friday that it will decide whether President Donald Trump can exclude people living in the country illegally from the census count that is used to allocate seats in the House of Representatives.
Trump’s move had been blocked by a lower court, and the high court justices weren’t required to consider the case. In their order on Friday, they indicated that they will decide the matter in early January, when Trump must report to Congress the results of the census, which is carried out every 10 years.
When it declared that the policy was illegal, a panel of three federal judges said that never in the history of the United States have immigrants been excluded from the population count that determines how seats in the lower house are divided among states and, by extension , the votes of the Electoral College.
Trump’s Supreme Court nominee Amy Coney Barrett could be involved in the case if, as is very likely, it is confirmed by then.