Justices Appear Poised to Support Trump Admin in Census Dispute

Despite evidence that millions of Hispanics and immigrants could go uncounted, the Supreme Court’s conservative majority seemed ready Tuesday to uphold the Trump administration’s plan to inquire about U.S. citizenship on the 2020 census in a case that could affect American elections for the next decade.There appeared to be a clear divide between the court’s liberal and conservative justices in arguments in a case that could affect how many seats states have in the House of Representatives and their share of federal dollars over the next 10 years. States with a large number of immigrants tend to vote Democratic.

Three lower courts have so far blocked the plan to ask every U.S. resident about citizenship in the census, finding that the question would discourage many immigrants from being counted. Two of the three judges also ruled that asking if people are citizens would violate the provision of the Constitution that calls for a count of the population, regardless of citizenship status, every 10 years. The last time the question was included on the census form sent to every American household was 1950.

Three conservative justices, Samuel Alito, Neil Gorsuch and Clarence Thomas, had expressed skepticism about the challenge to the question in earlier stages of the case, but Chief Justice John Roberts and Brett Kavanaugh had been silent, possibly suggesting a willingness to disrupt the administration’s plan.

However, over 80 minutes in a packed courtroom, neither Roberts nor Kavanaugh appeared to share the concern of the lower court judges who ruled against the administration.