WASHINGTON — The Supreme Court agreed Friday to take up President Donald Trump’s policy, temporarily blocked by a lower court, to exclude people who entered the U.S. illegally from the census count that will be used to allocate seats in the House of Representatives.
Never in U.S. history have immigrants been excluded from the population count that determines how House seats, and by extension Electoral College votes, are divided among the states, a three-judge federal count said in September when it held Trump’s policy illegal.
The justices put the case on a fast track, setting arguments for Nov. 30. A decision is expected by the end of the year or early in January, when Trump has to report census numbers to the House.
Trump’s high court nominee, Amy Coney Barrett, could take part in the case if, as seems likely, she is confirmed by then.
Last year, the court by a 5-4 vote barred Trump from adding a census question asking people about their citizenship. Justice Ruth Bader Ginsburg, who died last month, was part of that slim majority. Barrett would take Ginsburg’s seat.
Trump left it to Commerce Secretary Wilbur Ross, who oversees the Census Bureau, to figure out how many immigrants are not living legally in each state.
The outcome of the census case could affect the distribution of political power for the next 10 years. The census also helps determine the distribution of $1.5 trillion in federal funding annually.
The Supreme Court separately allowed the administration to end the actual census count this week, blocking a court order that would have kept the count going until the end of the month.
The court did not take action on two other administration appeals of controversial policies on asylum seekers and the border wall that also were ruled illegal by lower courts.
Since early last year, the administration has made asylum-seekers wait in Mexico for U.S. court hearings, which has forced tens of thousands of people to return to Mexico.
The administration also is appealing a ruling that the administration can’t spend more than Congress authorized for border security. After Congress refused to give Trump all the money he wanted for the wall, he declared a national emergency at the border and Defense Department officials transferred billions of dollars to the project.
—AP stories contributed to this report.