The decision by a federal district judge to eliminate a citizenship question from the 2020 Census will be reviewed by the Supreme Court.
The Census questionnaire is scheduled for printing this summer.
USA Today reported Judge Jesse Furman said that, based on the presumption illegal aliens would be intimidated and not respond to the Census, California could face “a certainly impending loss of representation in the House of Representatives.”
The judge said Texas, Arizona, Florida, New York and Illinois would face “a substantial risk of losing a seat” in Congress as result of the question.
Commerce Secretary Wilbur Ross restored the question, which been asked in the past.
Immigrant-rights organizations contended illegal immigrants would be intimidated and wouldn’t respond to the Census.
That would result in a cut intax subsidies for districts in which they live.
However, Solicitor General Noel Francisco has argued that the government needs such information about its population.
The citizenship question already is on the American Community Survey, which is done annually to supplement the larger Census every 10 years.
According to USA Today, Caroline Fredrickson of the liberal American Constitution Society suggested the Supreme Court may not agree with Furman. If the justices did agree, they would simply been able to let his decision stand.
CNN reported the Supreme Court is taking the case directly from the district court, which is not ordinary procedure. However, the appellate level court apparently is being skipped because of the short time frame to reach a result.
Francisco had told the justices in a filing that the Department of Justice wanted the citizenship details because it was critical to enforcement of the Voting Rights Act.
Left-wing organizations, however, claimed the whole purpose of the question was to scare immigrant communities.
A lawyer for the Democratic-led House of Representatives claimed the question could cause an inaccurate count, disrupting the fair allocation of “hundreds of billions of federal dollars to states and localities.”
WND reported this week a prominent government watchdog asked the Supreme Court to take up the citizenship question.
Judicial Watch joined with the Allied Educational Foundation in a friend-of-the-court brief in the Supreme Court asking for reinstatement of the question.
“Adding a citizenship question to the decennial census would generate a massive amount of new data concerning the numbers of citizens and noncitizens in U.S. states and counties,” Judicial Watch said. “To quibble about potential limitations in the data that would be collected is to miss the point. It cannot be the case that we are somehow better off with less information.”
The filing notes that citizenship information now comes from the limited American Community Survey. The brief contends the lower court overstepped its authority because the decisions about census questions are committed to agency discretion.
Judicial Watch said the Department of Justice stated that citizenship data was “critical” to its efforts to enforce Section 2 of the Voting Rights Act and that the census was “the most appropriate vehicle” for asking a question about citizenship.
An advocate of voting integrity, the watchdog recently signed a settlement with California and Los Angeles under which as many as 1.5 million inactive registered names are being removed from voter registration rolls.
The agreement followed similar resolutions in Ohio and Kentucky.
“Leftists hate the idea of the American people knowing more about the number of foreign nationals present in the United States, which is why they oppose a census question about citizenship,” said Judicial Watch President Tom Fitton.
“The Supreme Court should reject the lower court judicial power grab that would unlawfully restrict the Trump administration from getting more information about the residents of the United States.”