(COURTHOUSE NEWS) – Throwing out a challenge from New York state, the Supreme Court called it premature Friday to rule on an executive order that directs census officials to exclude undocumented immigrants as part of the count to apportion seats in Congress.
“At present, this case is riddled with contingencies and speculation that impede judicial review,” the unsigned 7-page opinion states. “The president, to be sure, has made clear his desire to exclude aliens without lawful status from the apportionment base. But the president qualified his directive by providing that the secretary should gather information ‘to the extent practicable’ and that aliens should be excluded ‘to the extent feasible.’ Any prediction how the Executive Branch might eventually implement this general statement of policy is ‘no more than conjecture’ at this time.'”
The three Democratic judges on the court dissented, saying there is enough risk of injury to rule on the order from President Donald Trump that, to their mind, is clearly illegal.