Prof. Justin Levitt's Guide to Drawing the Electoral Lines
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San Jose v. Trump

Last Updated Jan 7, 2021
Case number

No. 5:20-cv-05167 (N.D. Cal.), No. 20-561 (S. Ct.)

Cycle 2020

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Case Information

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 California 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.

 

 

History

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Additional Cases

PENDING - Federal court challenge to exclusion of undocumented persons from apportionment count
Cycle 2020
PENDING - Federal court challenge to exclusion of undocumented persons from apportionment count
Cycle 2020
Supreme Court rejected challenge to exclusion of undocumented persons from apportionment count on standing grounds
Cycle 2020
Supreme Court rejected challenge to exclusion of undocumented persons from apportionment count on standing grounds
Cycle 2020
PENDING - Federal court challenge to exclusion of undocumented persons from apportionment count
Cycle 2020
Supreme Court rejected challenge to exclusion of undocumented persons from apportionment count on standing grounds
Cycle 2020