Not sure there's really any practical way to do this, but the president's order does put Dems in the position of publicly supporting the counting of illegal aliens for purposes of apportioning House seats among the states. So if each House seats includes ~700K people, & you… https://twitter.com/SenWarren/status/1285627661075742721
…include illegals in that tally, the vote of a citizen in Southern Calif., where there are lots of illegals, counts more than the vote of one in, say, southern Ohio. Excluding them arguably violates Art.1, sec. 2, but *including* them may violate Baker v. Carr one-man-one-vote.
SCOTUS has ruled that states *may* count non-voters for purposes of apportioning seats in state legislatures, but not that they *must* do so:
https://www.theatlantic.com/politics/archive/2016/04/evenwel-ruling-supreme-court/470280/ If anything, today's decision may tee up a case for SCOTUS.
https://www.theatlantic.com/politics/archive/2016/04/evenwel-ruling-supreme-court/470280/ If anything, today's decision may tee up a case for SCOTUS.
@FAIRImmigration sued in 1980 (and I think 1990?) to prevent inclusion of illegals in the count for apportionment, but lost on standing.
https://www.everycrsreport.com/reports/R41048.html Who'd have standing to challenge today's decision by Trump?
https://www.everycrsreport.com/reports/R41048.html Who'd have standing to challenge today's decision by Trump?
We've published a lot on the likely numerical impact of counting illegals for purposes of apportioning House seats among the several states:
https://cis.org/Report/Impact-Legal-and-Illegal-Immigration-Apportionment-Seats-US-House-Representatives-2020
https://cis.org/Report/Remaking-Political-Landscape
https://cis.org/search/custom?keys=apportionment
https://cis.org/Report/Impact-Legal-and-Illegal-Immigration-Apportionment-Seats-US-House-Representatives-2020
https://cis.org/Report/Remaking-Political-Landscape
https://cis.org/search/custom?keys=apportionment
And as the 2016 SCOTUS case suggests, including illegals in the census count doesn't just give California more pull in Congress compared to other states, but it redistributes political power *within* states, as well, giving LA, for example, extra seats in the state legislature.