I know. But they’re all counted in the census.
As they should be because census is about total population, and district are based on total population a area of 10 million people has more needs then an area of 500,000.
voting is a privilege, representation is a right.
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Above link is to **Memorandum of law in support of Plaintiff’s motion for partial summary judgement or preliminary injunction." The table of contents below gives a general outline of the arguments being made.
TABLE OF CONTENTS … i
TABLE OF AUTHORITIES … iii
INTRODUCTION … 1
BACKGROUND … 2
I. Constitutional and statutory framework… 2
II. The Presidential Memorandum. … 4
III. Events precipitating the Presidential Memorandum. … 5
ARGUMENT … 7
I. Standard of review. … 7
II. Plaintiffs include jurisdictions and residents of jurisdictions that would lose representation if undocumented immigrants were excluded from the population base used for congressional apportionment. … 8
III. Defendants’ decision to exclude undocumented immigrants from the apportionment base violates Article I and the Fourteenth Amendment. … 10
A. The Constitution explicitly requires the population base for apportionment to include the whole number of persons in each State. … 10
B. Apportioning Representatives based on numbers other than the actual enumeration from the decennial census is also unconstitutional. … 24
IV. The Memorandum is ultra vires under the statutory scheme Congress enacted to implement the required decennial census and reapportionment of House seats. … 27
A. The Memorandum violates the statutory requirements to count the total population, and to report and use that total for apportionment purposes. … 27
B. The Memorandum violates the Census Act by producing apportionment figures that are not based solely on the decennial census. … 33
C. The Memorandum violates 2 U.S.C. § 2a by producing apportionment figures that are not based solely on a ministerial calculation. … 36
D. This Court has equitable authority to correct the Presidential Memorandum’s ultra vires mandates. … 38
V. Alternatively, a preliminary injunction is warranted to prevent irreparable harm. … 40
A. The Presidential Memorandum will deter immigrants and their households from responding to the 2020 census. … 42
B. By depressing response rates, the Presidential Memorandum will irreparably degrade the quality of census data vital to public policymaking and cause Plaintiffs to lose federal funding. … 47
C. Plaintiffs will be irreparably harmed by Defendants’ efforts to reallocate political power away from their jurisdictions. … 49
D. The balance of equities and public interest favor a preliminary injunction. … 50
CONCLUSION … 52
What exactly are they apportioning?
The United States House of Representatives.
The House is capped at 435.
How is counting illegals going to change that?
It won’t change the overall number. It will change the apportionment between States.
Lemme go look for the numbers.
It doesn’t matter, the Constitution says “all persons”.
Removing illegal immigrants from the apportionment count would actually have a very minor effect on apportionment. California, Texas and Florida would each lose 1 seat. Alabama, Minnesota and Ohio would each gain 1 seat.
Still, as you say, Trump can’t do it.
We start counting illegals Texas will gain 5.
Actually we DO currently count illegals. 
Texas gets one extra representative as a result.
We’re not counting all of ours.
I am sure we never get a full and true count of illegals or even of citizens in each Census.
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UPDATE
A three Judge panel has been drawn to hear this case under the auspices of the Voting Rights Act. The participating Judges will be United States District Judge Christopher Cooper, United States District Judge Dabney Friedrich and United States Circuit Judge Gregory Katsas.
This is a separate case in the District of Columbia. The OP case is in the Southern District of New York.
In the OP case, an order was granted for a three Judge panel, but I am not certain it has been appointed yet.
The order is below.
Okay, question here.
The citizenship question was kept off the census form.
So how does Trump plan to count only citizens?
I believe he plans on using the Social Security database to get a purely citizen count.
Would that work? I have heard that there are a lot of bogus SS cards out there that are used by illegals to be able to get a job.
Let’s make a less absurd example: what if your district was filled with human beings who were unpaid employees you treat like livestock but you want more political power?
No getting around it. The census was specifically designed to count people, even people who’s weren’t technically people, not citizens.
Illegal aliens have less right to be in a state than people who are there from other countries on a tourist VISA. Does that meant we should count tourists who happen to be going through the state at the time?
If they can be counted, they can be removed.
