California is suing the Trump administration to block an order that would exclude illegal aliens from counting toward congressional apportionment.
The lawsuit argues that the Trump administration is defying centuries of precedent while violating the Constitution. It was filed by California Attorney General Xavier Becerra and the cities of Long Beach, Los Angeles and Oakland in U.S. District Court for the Northern District of California.
Cutting illegal aliens out of the population count that determines states’ House delegations would be hugely consequential for California given the millions of aliens living here; the lawsuit argues the state would lose at least one House seat and thus an Electoral College vote. Even before this fight, California was already at risk of losing at least one House seat as its population growth levels off.
With multiple lawsuits now moving through the court system, some rulings should be expected soon. If district and appeals courts split on the legality of the Trump administration’s order, there’s a good chance this fight makes it to the U.S. Supreme Court.
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