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Photo: Doug Mills-Pool/Getty Images

President Trump issued a memorandum Tuesday that aims to exclude undocumented immigrants from influencing congressional apportionment determined by the 2020 Census.

Why it matters: The move is sure to provoke legal challenges. Supreme Court precedent has interpreted the Constitution as requiring congressional districts to be appointed by total population, Reuters notes.

What they're saying: In a statement, Trump claimed there "used to be a time when you could proudly declare, 'I am a citizen of the United States.' But now, the radical left is trying to erase the existence of this concept and conceal the number of illegal aliens in our country."

  • He added that the administration "will not support giving congressional representation to aliens who enter or remain in the country unlawfully, because doing so would create perverse incentives and undermine our system of government."
  • "Just as we do not give political power to people who are here temporarily, we should not give political power to people who should not be here at all."

The other side: “The Constitution requires that everyone in the U.S. be counted in the census. President Trump can’t pick and choose," Dale Ho, director of the ACLU’s Voting Rights Project, said in a statement.

  • "He tried to add a citizenship question to the census and lost in the Supreme Court. His latest attempt to weaponize the census for an attack on immigrant communities will be found unconstitutional. We’ll see him in court, and win, again.”

The big picture: Trump has viewed the Supreme Court ruling which kept the Obama-era DACA program intact as license to enact new federal immigration policies without congressional approval, Axios' Alayna Treene and Stef Kight report.

Go deeper

Oct 27, 2020 - Politics & Policy

Senate confirms Amy Coney Barrett to the Supreme Court

Judge Amy Coney Barrett before a meeting on Capitol Hill on Oct. 21. Photo: Sarah Silbiger/pool/AFP via Getty Images

The Senate voted 52-48 on Monday to confirm Judge Amy Coney Barrett to the Supreme Court. She is expected to be sworn in within hours.

Why it matters: President Trump and Senate Republicans have succeeded in confirming a third conservative justice in just four years, tilting the balance of the Supreme Court firmly to the right for perhaps a generation.

Supreme Court rejects request to extend Wisconsin absentee ballot deadline

Photo: Saul Loeb/AFP via Getty Images

The Supreme Court in a 5-3 decision Monday rejected an effort by Wisconsin Democrats and civil rights groups to extend the state's deadline for counting absentee ballots to six days after Election Day, as long as they were postmarked by Nov. 3.

Why it matters: All ballots must now be received by 8 p.m. on Election Day in Wisconsin, a critical swing state in the presidential election.

Schumer: Coney Barrett vote "one of the darkest days" in Senate history

Senate Minority Leader Chuck Schumer (D-N.Y.) said Monday "will go down as one of the darkest days" in Senate history, moments before the chamber voted 52-48 to confirm Judge Amy Coney Barrett to the Supreme Court.

The bottom line: Schumer said his Republican colleagues "decided to thwart the will of the people" by holding the vote eight days ahead of the presidential election, despite opposing President Obama's nominee because it was an election year.