In an opinion today, a three-judge SDNY panel comprised of Judge Furman and Circuit Judges Wesley and Hall invalidated a Presidential memorandum which stated that, in apportioning Congressional seats, “it is the policy of the United States to exclude from the apportionment base aliens who are not in a lawful immigration status.” (The three-judge structure was triggered by 28 U.S.C. § 2284(b), which governs cases about Congressional apportionment.)

The panel concluded that the memorandum conflicted with a statutory mandate to apportion Congressional seats based on the census results alone:
Continue Reading Three-Judge SDNY Panel Invalidates President Trump’s Directive to Exclude Undocumented Immigrants in Apportioning Congressional Seats