https://us7.campaign-archive.com/?e=a9fdc67db9&u=9d011a88d8fe324cae8c084c5&id=4e4eb379f7
In a post several weeks ago, I discussed a fact that I suspect most readers found astonishing: the U.S. Census up to now has been counting illegal aliens as part of the “population” for purposes of determining representation in Congress.
The occasion for the post was that President Trump had just issued a Memorandum directing the Census Bureau to inform him of how many illegal aliens are included in the count for 2020 that is currently ongoing, so that he could attempt to have those persons excluded from the population base used for congressional apportionment. Although you might think that it is intuitively obvious that illegal aliens should not get congressional representation, prior to Trump raising the issue there was a reasonable position that there had not been any definitive court decision one way or the other. So the Census Bureau, naturally, had just gone ahead and counted the illegals.
Needless to say, all the usual suspects — led in this case by New York’s Attorney General Letitia James — immediately brought suit to enjoin everything about the President’s Memorandum, including the President even finding out how many illegal aliens are included in the Census count, and where they might be located.
The case went to a (somewhat unusual) three-judge panel sitting in the Southern District of New York. The panel issued its Opinion and Order on September 10. I had not succeeded in finding a link to the Opinion before today. So I’m somewhat late in getting to this, but I want to be sure that readers are informed about just how kooky our law has become.