Trump v. New York – Merits Amicus Brief (Illegal Immigration/Census)
In Trump v. New York, Citizens United, and its sister organizations Citizens United Foundation and The Presidential Coalition, urge the Supreme Court to overturn a three-judge District Court ruling enjoining the Secretary of Commerce and other government officials from following President Trump’s directive to exclude illegal immigrants from the population base on which congressional reapportionment is to be made. Citizens United’s main argument is that the Constitution vests Congress with broad discretion over lawmaking as it relates to conducting the Census and that the Census Act, in turn, delegates broad discretion to the President and the Executive Branch over how the Census is to be conducted. We contend that the District Court’s injunction effectively usurps the President’s statutory and constitutional authority by substituting the judges’ policy preferences over those of the President.