Trump administration vows Supreme Court appeal on census count

Greg Stohr and Bob Van Voris

President Donald Trump’s administration said it will appeal to the U.S. Supreme Court on his bid to exclude undocumented immigrants from the census count that determines the allocation of congressional seats and federal dollars.

The administration said in a two-sentence court filing it will appeal a three-judge panel’s Sept. 10 ruling that Congress hadn’t given the president authority for the policy.

Trump issued a memorandum in July laying out the plan. Advocacy groups and states including New York quickly sued, saying the president was trying to manipulate the count and deprive Democratic-leaning areas with high immigrant populations of congressional seats.

Under the federal rules governing voting-rights suits, the administration can appeal directly to the Supreme Court.

The Supreme Court last year blocked the administration’s effort to include a citizenship question on the decennial census.

The lower court case is State of New York v. Trump, 20-cv-05770, U.S. District Court, Southern District of New York (Manhattan).