Photo: Brendan Smialowski/AFP via Getty Images

The Supreme Court on Friday said it would decide whether the Trump administration can exclude unauthorized immigrants from the 2020 census count, setting arguments for Nov. 30.

Why it matters: Civil rights groups fear that leaving undocumented people living in the U.S. out of the survey could lead to to an undercount, which would affect how House seats are reapportioned and how federal funding is distributed over the next 10 years.

The big picture: The move comes three days after the Supreme Court allowed the Trump administration to stop census field operations early while litigation over the once-a-decade count continues.

  • Lower courts previously ordered the Commerce Department to continue counting through Oct. 31, but the administration argued that the census must move to the data processing phase immediately to have time to meet an end-of-year deadline.
  • Local governments and civil rights groups sued over the plan to stop the count early, arguing the Trump administration was seeking to accommodate a July order from the president which would exclude unauthorized immigrants from the census.

Of note: Judge Amy Coney Barrett, Trump's nominee to fill Justice Ruth Bader Ginsburg's Supreme Court seat, could take part in the case if she is confirmed by then.

  • The U.S. has counted both citizens and noncitizens since its first survey in 1790.

What's next: The court is expected to rule between the end of this year and early January 2021, when the Trump administration must report census numbers to the House, per AP.

Go deeper: States would lose House seats if census excludes unauthorized immigrants

Go deeper

Oct 24, 2020 - Politics & Policy

Murkowski says she'll vote to confirm Amy Coney Barrett to Supreme Court

Sen. Lisa Murkowski. Photo: Alex Edelman/AFP via Getty Images

Sen. Lisa Murkowski (R-Alaska) said Saturday that she'll vote to confirm Judge Amy Coney Barrett to the Supreme Court on Monday, despite her opposition to the process that's recently transpired.

The big picture: Murkowski's decision leaves Sen. Susan Collins (R-Maine) as the only Republican expected to vote against Barrett.

Updated 1 hour ago - Politics & Policy

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Illustration: Sarah Grillo/Axios

  1. Politics: Ex-FDA chief: Pence campaigning after COVID exposure puts others at risk — Mark Meadows: "We are not going to control the pandemic"— COVID-19 looms over White House Halloween celebrations.
  2. Health: 13 states set single-day coronavirus case records last week — Fauci says maybe we should mandate masks if people don't wear themU.S. reports over 80,000 new cases for second consecutive day.
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Amy Coney Barrett's immediate impact

Illustration: Eniola Odetunde/Axios

In her first week on the job, Amy Coney Barrett may be deciding which votes to count in the presidential election. By her third week, she’ll be deciding the fate of the Affordable Care Act.

Where it stands: The Senate votes on Barrett’s nomination tomorrow. If she’s confirmed, Chief Justice John Roberts is expected to swear her in at the Supreme Court within hours, an administration official tells Axios.