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The dissenters said they would decide the case in the plaintiffs’ favor on the merits because the plain meaning of the statutes, historical practice, and uniform interpretations of all three branches “demonstrate that aliens without lawful status cannot be excluded from the decennial census solely on account of that status.”
What’s so odd about these arguments by the three liberal justices is that illegal aliens are legally prohibited from voting, making donations to federal candidates (including individuals running for the House of Representatives), or running for Congress.
Yet, the dissenters think that illegal aliens must be included in apportionment, distorting the political power of the states in the House of Representatives, giving states that obstruct federal immigration law and attract illegal aliens through sanctuary policies more representation in the House than they are otherwise entitled to.
That is, of course, the real reason that states such as New York are trying to prevent this from happening. A study by the Congressional Research Service in 2015 analyzed what the representation would have been in the House of Representatives after the 2010 census using only the estimated 2013 citizen population, while excluding noncitizens.
California would have lost four congressional seats and New York, Texas, and Florida each would have lost one seat. On the other hand, Louisiana, Missouri, Montana, North Carolina, Ohio, Oklahoma, and Virginia would have gained one seat each.
So, what this case is about is pure political power and whether U.S. citizens will be disenfranchised and have their votes and representation in the House of Representatives diluted by aliens who are in this country illegally. That’s the bottom line.