NEWS Biden chooses an all-female senior White House press team FRANCE

Author : muhanialbana
Publish Date : 2020-12-01


NEWS Biden chooses an all-female senior White House press team FRANCE

But first, the U.S. Supreme Court has to sign off.

The justices on Monday will hear oral arguments over Trump's effort -- already twice rejected by lower federal courts -- that would break from more than a century of precedent in determining apportionment of the 435 congressional districts across all 50 states.

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If successful, it would boost the influence of predominantly conservative, Republican states and rural communities while drawing resources away from more liberal, Democratic states and urban areas.

The Constitution requires an "actual enumeration" be performed every 10 years to account for changes in population and that decennial redistricting be based on "the whole number of persons in each state," regardless of citizenship or immigration status.

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Since taking office, Trump has sought to minimize the influence of non-citizens in American politics by sidelining them from the count.
PHOTO: Arguments begin within the Supreme Court of the United States in Washington, Nov. 10, 2020.
Samuel Corum/Getty Images, FILESamuel Corum/Getty Images, FILE
Arguments begin within the Supreme Court of the United States in Washington, Nov. 10, 2020.

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After the Supreme Court in 2019 blocked his attempt to add an explicit citizenship question to the census form, Trump directed the Census Bureau to rely on existing government data to derive a total of undocumented immigrants in each state -- and then subtract that figure from the overall sum.

"For the purpose of the reapportionment of representatives following the 2020 census, it is the policy of the United States to exclude from the apportionment base aliens who are not in a lawful immigration status," Trump wrote in a July memorandum.
MORE: Justices rule courts cannot police partisan gerrymandering

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A coalition of 20 states, led by New York, 10 cities, five counties and a handful immigrant advocacy groups immediately challenged the move. They called Trump's plan a clear violation of the Constitution and an "arbitrary and capricious" decision that breached federal law governing administrative procedures.

In legal briefs, the parties cite an "unbroken historical and legislative practice" spanning more than 200 years of the Census Bureau counting "millions of undocumented immigrants who have lived here for decades, intend to remain and will in fact stay ... (as) usual residents under traditional criteria."

In September, a three-judge panel in New York sided with the states against Trump, calling the issue "not particularly close or complicated." Last month, a separate panel of judges in California also dealt a blow to the administration, saying "It seeks to do what Congress has not authorized and what the President does not have the power to do."

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An estimated 10.5 million immigrants living in the U.S. do not have legal status, according to a Pew Research Center analysis of U.S. Census Bureau data.
PHOTO: An envelope containing a 2020 census letter mailed to a U.S. resident is pictured in Glenside, Penn., March 19, 2020.
Matt Rourke/AP, FILEMatt Rourke/AP, FILE
An envelope containing a 2020 census letter mailed to a U.S. resident is pictured in Glenside, Penn...

Pew found a majority of those immigrants live in just six states -- California, Texas, Florida, New York, New Jersey and Illinois -- with the largest populations concentrated around major metropolitan areas.

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Excluding those communities from the census total used for congressional apportionment would mean reduced representation in Congress and fewer federal funds for everything from health care to education and infrastructure programs.
MORE: Despite Trump push, number of undocumented immigrants removed by ICE up only slightly

California, Florida and Texas would each receive at least one less seat in the U.S. House than they otherwise would have if Trump's plan moves forward, according to a Pew analysis from July.

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Alabama, Minnesota and Ohio would each gain a seat that they would have otherwise lost due to population changes, the group estimates.

Just 10 days before he's due to leave office -- on Jan. 10, 2021 -- Trump is required by law to advise Congress on the outcome of the 2020 Census and how many representatives each state should receive.

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The U.S. Supreme Court is expected to hand down its decision before that date.
Another court ruling has gone against allies of the Trump campaign in their bid to halt certification of the 2020 presidential election in Pennsylvania, as the state's Supreme Court issued an order Saturday dismissing a recent court challenge focused on mail-in voting.

This election challenge was brought by U.S. Rep. Mike Kelly, a Republican, along with another GOP candidate for Congress, alleging that the state legislature had not legally passed the measure allowing for universal mail-in voting.

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The plaintiffs called on the court to have Pennsylvania Secretary of State Kathy Boockvar cancel all mail-in ballots or, if not, to empower the state legislature to appoint new electors. A trial judge on Tuesday had imposed a temporary injunction to pause the election certification process until the question could be resolved. Boockvar's office brought the matter immediately to the state Supreme Court.

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The Pennsylvania Supreme Court vacated the injunction on Saturday and dismissed the case with prejudice, meaning the GOP cannot bring it back.
PHOTO: Rep, Mike Kelly, R-Pa., speaks as the House of Representatives debates the articles of impeachment against President Donald Trump at the Capitol in Washington, Wednesday, Dec. 18, 2019.
House Television via APHouse Television via AP
Rep, Mike Kelly, R-Pa., speaks as the House of Representatives debates the articles of impeachment against President Donald Trump at the Capitol in Washington, Wednesday, Dec. 18, 2019.

The court's opinion noted that Kelly had failed to file the constitutional challenge in a timely manner. While the legislature passed a measure to broaden mail-in voting in October 2019, the suit was not filed until a year later -- showing what the court called a "complete failure to act with due diligence."

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"Extraordinary claims demand extraordinary proof," Justice David N. Wecht wrote in a concurring opinion. "Petitioners cannot carry their enormous burden. They have failed to allege that even a single mail-in ballot was fraudulently cast or counted."
MORE: Election 2020: A look at Trump campaign election lawsuits and where they stand

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Two of the justices agreed with the opinion, but added dissenting voices on the question of whether there may yet be a valid challenge to the use of universal mail-in voting. While that may be, Chief Justice Thomas G. Saylor and Justice Sallie Updyke Mundy argued, halting certification at the stage is not the correct remedy.

"Their proposed injunctive remedies will be considered no further," the justices wrote.

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Kelly’s attorney declined to comment when reached Saturday.
PHOTO: Mail-in ballots are pictured in Chester County, Pa., Nov. 4, 2020.
Rachel Wisniewski/Reuters, FileRachel Wisniewski/Reuters, File
Mail-in ballots are pictured in Chester County, Pa., Nov. 4, 2020.

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The congressman has been expressing his concerns about the election outcome on social media. On Nov. 16, he issued a statement saying the way the election was administered "has caused millions of Americans to lose faith in our electoral system."

The court ruling represents the latest in a series of adverse rulings for President Donald Trump and his allies as they have continued to try and challenge the outcome of the 2020 contest in one of the key swing states.
MORE: Federal appeals court issues stinging rejection of Trump campaign election fraud lawsuit

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Speaking by phone to a group of Republican lawmakers gathered in Gettysburg on Wednesday, Trump signaled his efforts to find a friendly hearing in the courts.

"We have to turn the election over," Trump said. "All we need is to have some judge listen to it properly without having a political opinion or having another kind of problem."

President-elect Joe Biden won the state of Pennsylvania by over 80,000 votes. Results were certified by Boockvar and signed by Gov. Tom Wolf on Tuesday.

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