A federal court challenge to the exclusion of undocumented individuals from the apportionment count of the whole number of persons in a state, arising out of the presidential memorandum issued on July 21, 2020.
On Oct. 22, 2020, a three-judge federal trial court declared that the constitution and federal statutes require the apportionment count to include all persons, and enjoined the Census Bureau from including any information other than the total population in the statement delivered to the President for apportionment purposes.
That decision (along with San Jose v. Trump) was appealed directly to the U.S. Supreme Court. On Dec. 28, 2020, following the decision in New York v. Trump, the Court vacated and remanded the case with instructions to dismiss for lack of jurisdiction. The case was formally dismissed on Jan. 7, 2021.
|Order dismissing case||Jan 7, 2021|
|Complaint (incl. exhs.)||Jul 28, 2020|
|Order appointing three judge court||Aug 20, 2020|
|Amd. complaint||Aug 24, 2020|
|Motion for partial summary judgment (incl. decls.)||Aug 27, 2020|
|Amicus brief of U.S. House||Aug 31, 2020|
|Amicus brief of members of Congress||Sep 1, 2020|
|Amicus brief of historians||Sep 1, 2020|
|Amicus brief of League of Women Voters||Sep 1, 2020|
|Opp. to motion for summary judgment (incl. decls.)||Sep 10, 2020|
|Reply (incl. decls.)||Sep 21, 2020|
|Motion to dismiss (incl. decls.)||Sep 10, 2020|
|Opp. to motion to dismiss (incl. decls.)||Sep 21, 2020|
|Order requiring total population||Oct 22, 2020|
|Final judgment||Oct 22, 2020|
|Notice of appeal||Oct 23, 2020|