Trump v. New York (20-366)
argument 20-366Trump v. New York
Supreme Court of the United States
1h 33m
8 speakers
8 chapters
transcribed 6 days ago
official recording ↗
Transcript
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Transcript generated automatically by AI and may contain errors.
What is the procedural background and why was this case expedited?
We will hear argument first this morning in case twenty three six six, Trump versus New York. General Wall.
Mr. Chief Justice, and may it please the court. This case should be over. The district court held that appellis would be injured because illegal aliens would be chilled from participating in the enumeration. But that counting is now over, and whatever chill ever existed has thawed. Apolies therefore pivot to possible future injuries. But as of this very morning, career experts at the Census Bureau confirmed with me that they still don't know even roughly how many illegal aliens they'll be able to identify, let alone how their number and geographic concentration might affect apportionment. And if they don't know, certainly the other parties to this case do not. The court therefore should follow the course charted by the three judge D C District Court last week.
Vacate the judgment below, allow the Secretary to comply with the memorandum, and allow any effect on apportionment to be litigated as it normally would be in a post apportionment lawsuit by parties with concrete injuries. On the merits, there's no procedural problem with a memorandum. The President may direct the Secretary to send him two sets of numbers so that he may decide how to exercise whatever discretion he has. The real fight here is substantive over how much discretion the President has. Text, history, and precedent are all clear about the general test, whether one is an inhabitant. The question is how to apply that test to people who are present in the country illegally. Treating someone apprehended at the border on March 31st or scheduled to be removed on April 2nd.
As a usual or settled resident of the United States on April first. Flies in the face of this court's cases, common sense, And any sound theory of political representation. The President has at least some discretion to determine that at least some illegal aliens lack enduring ties to the states, which means that the judgment should be reversed. I welcome the court's questions.
Uh General, my first question goes to the very first point you raised. We uh expedited this case in light of the December thirty one deadline for the Secretary to transmit the census to the President. Is that date still operative? Uh do you still need a decision by that date?
Well the situation is fairly fluid, Mr. Chief Justice. We because of the two weeks that we lost to the California injunction and some subsequent issues in processing the data, we are not currently on pace into the report to the president by the year in statutory deadline. But just this morning I confirmed with senior leadership at the Department of Commerce and the Census Bureau that we are hopeful and it remains possible that we can get at least some of the uh PM related data uh to the President in January. So we do still need relief from the court, yes.
Sounds like you had a busy morning. Uh What what what do you mean PM? Data.
I'm sorry, the presidential memorandum data. So the data the President has requested in order uh to to put to potentially back out illegal aliens from uh from the apportionment base?
Um on the um standing question, i if the court doesn't intervene now uh before the secretary transmits Um uh the information to the President Uh I don't know when the court would be able to intervene. All all that would be left uh after that transmittal uh is the transmittable by the President to to the House. So um if if the injury can't be redressed at this point, when could it be?
In a post apportionment lawsuit just as in Franklin or Wisconsin or or Utah versus Evans, if the n if the the Bureau is able to feasibly identify enough aliens and the president excludes those categories And that affects the apportionment. Those are all three unknowns. But if that happens then you'd have a post apportionment challenge just as in Franklin for the Secretary to revise his report and for the President to send a new report uh to the House in effect to redo the apportionment.
Well, isn't that going to be like y having to unscramble the eggs.
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Chapters
8 chapters
1
What is the procedural background and why was this case expedited?
0:00–11:58
2
How do the parties argue about standing and ripeness in this dispute?
11:58–22:20
3
What evidence is presented about the Census Bureau’s ability to identify illegal aliens?
22:20–33:57
4
How does the government define “inhabitant” and why does it matter for apportionment?
33:57–46:46
5
What is the President’s claimed discretion under the Franklin decision?
46:46–57:58
6
Why do the justices debate whether to wait for more data or decide now?
57:58–1:09:04
7
What are the constitutional and statutory arguments against a categorical exclusion of undocumented immigrants?
1:09:04–1:20:49
8
What relief do the parties seek and what is the Court’s likely next step?
1:20:49–1:33:15