For the second time in two months, a panel of federal judges on Thursday blocked President Donald Trump’s effort to exclude people in the U.S. illegally from being counted during the process of divvying up congressional seats by state.
The decision from a panel of three district judges in California went further than last month’s ruling by a panel of three federal judges in New York by saying that Trump’s order in July not only was unlawful but also violated the Constitution. The New York judges ignored the question of the order’s constitutionality and just said it was unlawful.
“The Constitution’s text, drafting history, 230 years of historical practice, and Supreme Court case law all support the conclusion that apportionment must be based on all persons residing in each state, including undocumented immigrants,” the judges in California wrote.
The Trump administration has appealed the New York decision to the Supreme Court, and the nation’s high court agreed to hear the case next month.
Other challenges to Trump’s order are pending in Maryland, Massachusetts and the District of Columbia.