Supreme Court's Punt on the U.S. Census Case Causes Blue State Scramble to Maintain Dominance

AP Photo/Cliff Owen

Conservatives have been alternately happy and unhappy with the Supreme Court rulings of late. It’s been quite a roller coaster ride not only of emotions, but on how the 4 originalist Justices will weigh in, or not, on certain critical suits; particularly as President Trump winds down his first term.


Fresh off the heels of the Justices’ refusal to hear the Texas 2020 Election complaint, and turning down a relief case from religious schools in the state of Kentucky, the 9 Justices have now kicked back Trump v. New York. This case challenged President Trump’s plan to change the way that House seats are apportioned among the states by excluding illegal aliens from the recently completed Census data. It was split among ideological lines in a 6-3 decision, with the usual suspects of Justices Elena Kagan, Sonia Sotomayor, and Stephen Breyer dissenting.

“The U.S. Supreme Court dodged a ruling on whether President Trump can exclude undocumented immigrants from a key census count. The opinion said the case was ‘riddled with contingencies and speculation that impede judicial review.’

“ ‘At the end of the day, the standing and ripeness inquiries both lead to the conclusion that judicial resolution of this’ case is ‘premature,’ ” the justices wrote.

Justice Stephen Breyer wrote in his dissent,

“ ‘The government does not deny that, if carried out, the policy will harm the plaintiffs. Nor does it deny that it will implement that policy imminently,’ “

Breyer noted that the government can currently try to exclude millions of individuals, including those detained by ICE or who are currently in deportation proceedings, and the some 700,000 illegals known as ‘Dreamers’ who came to the U.S. when they were children. This is still a good thing.

Here’s what’s on the line: Congressional seats, Electoral College votes, and ultimately, federal funding. With sanctuary-friendly Blue States like California and New York already slated to lose a seat in this round of Census counting regardless of whether illegal aliens are included, it is no surprise that the ACLU and other undocumented rights groups are fighting hard to ensure illegal aliens are not removed. Diminished numbers mean diminished lobbying power.


At the heart of this fight is California and New York losing not only political clout, but relevance as the policy test centers for laws that Democrats and the Left want expanded to the rest of the country. The egregious AB5, the California anti-independent contractor law is a perfect example of this. Despite its abject failure in the state, much of its text has already shown up in federal bills such as the PRO Act, and S.4378 the so-called Worker Flexibility and Small Business Protection Act.

Both states are also experiencing a rapidly shrinking population, thanks to Governors Gavin Newsom’s and Andrew Cuomo’s draconian lockdown orders and business closures. It seems both governors’ plans are to only have the very rich and illegal aliens in residence, but thanks to the pandemic, their plans have gone horribly awry.

In August, Cuomo was all but begging the wealthy New Yorkers who had fled to the Hamptons and to other states to return. It’s doubtful they will, as he is planning to institute another tax on their wealth. They didn’t become and stay wealthy because they’re stupid, despite what their voting records reflect.

In the case of California, the wealthiest job creators have decided that what they do can be done anywhere, and without the punitive taxes or stepping over the homeless in the street. Elon Musk plans to move to Texas, and Larry Ellison of Oracle to Hawaii. They are some of the last holdouts of tech and entertainment billionaires who have said, “Adios, California,” and the state, thanks to Newsom’s other bad policies has suffered because of it.


Less population means fewer congressional seats which, in turn, would remove the weight of influence in championing and introducing laws that suit the Blue State Marxist’s vision for America. One can no longer crow that they’re the 5th largest economy in the nation when the engines of that economy no longer exist in your state. It’s also a loss of clout, along with the practical loss of representation. No Blue State bailout, which so far Senate Majority Leader Mitch McConnell has rejected, will save them from this legislative reduction.

The ACLU has said they will sue again if Trump attempts to remove illegals from the count. It appears they are fighting to the bitter end to ensure the Democrat numbers dominance in these states remain, even if their actual power is gutted.



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