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Friday, August 07, 2020

Developments in the SDNY Cases Challenging Trump's "I Won't Count Undocumented Immigrants as Inhabitants" Plan

A couple of weeks ago I published a long post about President Trump’s announcement that he plans to exclude undocumented immigrants from his calculation of State populations for purposes of reapportionment of House seats on the ground that such persons who live in the various States … aren’t inhabitants of those States.  (Seriously—that’s the theory.) 

I thought I’d try to keep Balkinization readers up to speed from time to time on the many lawsuits that have already been filed challenging the President’s plan.

 

The two cases in the Southern District of New YorkNew York v. Trump, No. 20-5770; and New York Immigration Coalition v. Trump, No. 20-5781—appear to be on a faster track than the others around the nation.  Here’s what’s happened already in those SDNY cases:  


Judge Furman consolidated the two cases.

 

He and the parties have agreed that the cases should be heard by a three-judge court and Judge Furman has asked Chief Judge Katzmann of the U.S. Court of Appeals for the Second Circuit to appoint such a three-judge court.  [UPDATE:  On August 10, Chief Judge Katzmann appointed Court of Appeals Judges Wesley and Hall to join Judge Furman on the three-judge court.]

 

The ACLU-represented plaintiffs in the NYIC case filed an amended complaint.

 

Judge Furman established an expedited briefing schedule, from today through August 27, for the plaintiffs’ motions for summary judgment and for the government’s forthcoming motion to dismiss (the bases for which will likely be: alleged lacks of ripeness, standing, and final agency action; the failure to state certain claims; and that the plaintiffs may not bring claims for relief against the President).

 

And the plaintiffs today filed a joint brief in support of their motion for summary judgment.