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1 Madiba K. Dennie & Brianna Cea, Annotated Guide to the Amicus Briefs in the Census Exclusion Memorandum Cases 1 (November 19, 2020)

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BRENNAN

CENTER







          Annotated  Guide to the Amicus Briefs in the Census Exclusion Memorandum   Cases

          By: Madiba K. Dennie &  Brianna Cea

          On November   30, 2020, the Supreme Court will hear oral argument in T umnv.ew
          _York. The case concerns a challenge to President Trump's M,
          which attempts to remove undocumented immigrants from the state-population totals that
          the Census Bureau produces to reapportion seats in the U.S. House of Representatives
          among  the states.

          The Court has received over 25 friend-of-the-court briefs from an array of civil rights
          groups, current and former federal officials, state and local governments, scholars,
          businesses, and others.

          To help sort through the filings, the Brennan Center has prepared this annotated guide
          summarizing each brief's most prominent or unique points.

          For more information on census-related litigation, visit our regularly updated seages
          and caaudar  of upcoming hearings and deadlines. And for the latest on other challenges
          facing the 2020 Census, visit our

          Briefs Discussing the History of the Census and Apportionment



          Summary:   This brief, filed by a group of prominent census historians and social
          scientists, explains that the census historically has been a measure of population, not
          political membership. As such, the brief continues, the population base used for
          apportionment has-for the entire history of the census-included all persons residing in
          the United States without regard to citizenship or immigration status. The brief
          additionally provides historical evidence that both the Framers and the drafters of the
          Fourteenth Amendment  intended an inclusive apportionment base, and that later
          Congresses reaffirmed this principle by repeatedly rejecting as unconstitutional proposals
          to exclude noncitizen residents. The law firms Cravath, Swain, and Moore LLP and
          Haynes  and Boone LLP are co-counsel on this brief.


Brennan Center for Justice at New York University School of Law
      120 Broadway, Suite 1750 New York, NY 10271

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