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Judicial Watch Files Amicus Curiae Brief with Supreme Court Challenging U.S. Census Policy of...
Judicial Watch ^ | January 17, 2012

Posted on 01/17/2012 3:20:26 PM PST by jazusamo

Complete title: Judicial Watch Files Amicus Curiae Brief with Supreme Court Challenging U.S. Census Policy of Counting Illegal Aliens When Apportioning Seats in Congress

Judicial Watch Brief Supports Lawsuit Filed by State of Louisiana which Lost a Seat in the House of Representatives due to Census Bureau’s Unlawful Policy

(Washington, DC) – Judicial Watch, the organization that investigates and fights government corruption, announced today that it filed an amicus curiae brief with the U.S. Supreme Court on behalf of the State of Louisiana challenging a current federal policy in which “unlawfully present aliens” were counted in the 2010 Census ( Louisiana v. Bryson).

The government used these census numbers to reapportion seats in the House of Representatives and, as a result, the State of Louisiana lost a House seat to which it was entitled. Louisiana is asking that the Supreme Court order the federal government to recalculate the 2010 apportionment of House seats based upon legal residents as the U.S. Constitution requires.

Judicial Watch’s brief was filed on January 13, 2012, in partnership with the Allied Educational Foundation (AEF) in a lawsuit filed by the State of Louisiana against John Bryson, U.S. Secretary of Commerce; Robert Groves, Director of the U.S. Census Bureau; and Karen Lehman Hass, Clerk of the U.S. House of Representatives. According to the brief:

Amici are concerned about the failure to enforce the nation’s immigration laws and the corrosive effect of this failure on our institutions and the rule of law. Among the problems caused by this failure is a redistribution of seats in the U.S. House of Representatives to States with large populations of unlawfully present aliens.

Amici respectfully submit that neither Article I Section 2 of the U.S. Constitution, the Fourteenth Amendment, or any other provision of the Constitution authorize or permit the inclusion of unlawfully present aliens in the apportionment process. As a result, this case raises issues critical not just to Louisiana, but to every State, every American citizen, and our federal system of government.

Judicial Watch argues that due to this Census Bureau policy at least five states will lose House seats to which they are entitled. For example, based upon the Census Bureau’s calculation, Louisiana is being allocated only six House seats, as opposed to the seven that it would have been apportioned, were it not for the inclusion of illegal aliens and “non-immigrant foreign nationals,” encompassing holders of student visas and guest workers. The brief also notes that the “apportionment, in turn, determines the apportionment of electors in the Electoral College for the next three presidential elections.”

It is the contention of the State of Louisiana, Judicial Watch and AEF that “the policy of counting unlawfully present aliens in the nation’s decennial census is unconstitutional and undermines both our federal system of government and our democratic institutions,” and is the “direct result of the failure to enforce our nation’s immigration laws.”

“The U.S. Census Bureau’s policy of counting illegal aliens is unconstitutional and it distorts the democratic process,” said Tom Fitton, President of Judicial Watch. “Moreover, the Obama administration’s hostility to enforcing illegal immigration laws will only make this problem worse as greater numbers of illegal aliens flood into the country. Judicial Watch is pleased to join with the Allied Educational Foundation to file this amicus curiae brief in support of the State of Louisiana and the rule of law. We hope the Supreme Court takes up this historic case and vindicates the right of American citizens to have full representation in Washington.”


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events; US: Louisiana
KEYWORDS: aliens; illegals; obama; scotus; uscensusbureau; ushouse

1 posted on 01/17/2012 3:20:36 PM PST by jazusamo
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To: jazusamo

If illegal aliens are not counted, California will lose at lease 1/2 dozen seats and NY and Florida would both lose several seats.


2 posted on 01/17/2012 3:23:58 PM PST by Blood of Tyrants (Never believe anything in politics until it has been officially denied.)
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To: jazusamo

I didn’t even know that was going on.....


3 posted on 01/17/2012 3:24:04 PM PST by MichaelP (The ultimate result of shielding men from the effects of folly is to fill the world with fools ~HS)
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To: Blood of Tyrants

I’m sure you’re right. This is a huge ripoff of American citizens.


4 posted on 01/17/2012 3:27:06 PM PST by jazusamo (If you don't like growing older, don't worry. You may not be growing older much longer: T. Sowell)
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Please bump the Freepathon or click above and donate or become a monthly donor!

5 posted on 01/17/2012 3:28:07 PM PST by jazusamo (If you don't like growing older, don't worry. You may not be growing older much longer: T. Sowell)
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To: jazusamo

Wow, they have thought of every conceivable way of stacking the deck.


6 posted on 01/17/2012 3:31:59 PM PST by ez (When you're a hammer, everything looks like a nail.)
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To: MichaelP

This is something a law abiding citizen wouldn’t even consider happening in our country, it’s a no-brainer that this shouldn’t be happening.


7 posted on 01/17/2012 3:32:28 PM PST by jazusamo (If you don't like growing older, don't worry. You may not be growing older much longer: T. Sowell)
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To: jazusamo

More evidence of the Bizarro world in which we live today. How anyone could even fathom to count illegals for the purpose of congressional apportionment is mind-bogging. The country is being stolen from right under our noses and there is little we can do about it. The corrupt idiots at the grass roots level (i.e. leftist community organizers) are summarily stealing the country one zipcode at a time.


8 posted on 01/17/2012 3:35:41 PM PST by Azzurri
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To: jazusamo

IMHO Illegal Immigration is at the root of so very many of our problems in this country. Not only are they counted in the census to determine all sorts of things, they flood our emergency rooms, using them as their doctor’s office (closing many hospitals on the borders), they take jobs that Americans WOULD LOVE TO HAVE in these hard times. And what about all of the voter fraud-do illegals have anything to do with that or is that why the liberals and some RINOs want amnesty? Illegal Immigration has not been addressed in any of the debates to the extent that I would like to have heard.


9 posted on 01/17/2012 3:38:42 PM PST by kaki
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To: jazusamo

This is going to be interesting. In that a State is suing, the SCOTUS is almost obliged to take the case. Oddly enough, the Census Bureau might use the argument formerly used for slaves, that illegal aliens be counted as 3/5ths of a person.


10 posted on 01/17/2012 3:47:41 PM PST by yefragetuwrabrumuy
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To: jazusamo
and America takes another one in the........

11 posted on 01/17/2012 3:52:37 PM PST by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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To: jazusamo

Wonderful!!! This always bothered me and I think there is a strong Equal Protection argument to be made.


12 posted on 01/17/2012 4:13:43 PM PST by NonValueAdded (Limbaugh: Tim Tebow miracle: "He had atheists praying to God that he would lose.")
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To: MichaelP
I didn’t even know that was going on.....

I guess they figure since illegals vote, they ought to be represented. [yes they vote, it's racist and xenophobic to require proof of eligibility to vote.]

Just think of the effect of the ~ 40 million illegals.
13 posted on 01/17/2012 4:15:37 PM PST by aldabra
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To: yefragetuwrabrumuy

They could try but they would be comparing apples to oranges. The illegals can walk away and go back home anytime they want to. The slaves could not. Or at least not legally.


14 posted on 01/17/2012 4:26:30 PM PST by conservativegranny
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To: Blood of Tyrants

ONLY Louisiana?

There should probably be one of these suits in all 57 states.


15 posted on 01/17/2012 4:27:29 PM PST by Gasshog (going to get what all those libs asked for, but its not what they expected.)
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To: jazusamo

Louisiana has no case as the Constitution directs us to count people, not only citizens.


16 posted on 01/17/2012 5:04:49 PM PST by trumandogz
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To: Gasshog

No need to duplicate it. It will affect all 50 states.


17 posted on 01/17/2012 5:21:25 PM PST by Blood of Tyrants (Never believe anything in politics until it has been officially denied.)
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To: jazusamo

How expensive will the census get if everyone they speak with has to produce a birth certificate that has to be verified? Just asking.


18 posted on 01/17/2012 5:27:35 PM PST by elvis-lives
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To: elvis-lives

The census takers speak with few people, it’s based mostly on forms filled out by individuals.


19 posted on 01/17/2012 5:33:12 PM PST by jazusamo (If you don't like growing older, don't worry. You may not be growing older much longer: T. Sowell)
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To: jazusamo

they fill out forms and mail them in!?!?!? That’s cojones!!!!!


20 posted on 01/17/2012 5:38:32 PM PST by elvis-lives
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21 posted on 01/17/2012 5:42:35 PM PST by RedMDer (Forward With Confidence!)
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To: conservativegranny

The issue is of debate because article II of the 14th Amendment modified Article 1 of the constitution. The first paragraph lent confusion, and sounds like it covers a different subject than the wordy second paragraph.

“Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed.”

This leads to the idea that “warm bodies”, not just citizens, should be represented.

Importantly, the second paragraph basically said that if a state chose to disenfranchise people, they could do so, but they would lose representation.

“But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.”

But this doesn’t clarify things much.

The SCOTUS will have to work hard to figure this one out.


22 posted on 01/17/2012 6:00:17 PM PST by yefragetuwrabrumuy
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To: jazusamo

I absolutely agree with this suit even though Texas, where I live, would probably lose seats. The founders of this nation would be aghast at the thought of illegals being counted in the census.


23 posted on 01/17/2012 8:41:12 PM PST by zeugma (Those of us who work for a living are outnumbered by those who vote for a living.)
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To: jazusamo; Lurking Libertarian; JDW11235; Clairity; TheOldLady; Spacetrucker; Art in Idaho; ...
SUPREME COURT OF THE UNITED STATES

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

24 posted on 01/24/2012 8:30:50 PM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: Blood of Tyrants

And those districts are for sure Democratic ones....


25 posted on 01/25/2012 6:53:01 AM PST by GregNH (I am so ready to join a brigade of pick up trucks......)
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