(Slip Opinion) Cite as: 592 U. S. ____ (2020) 1 Per Curiam NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Wash- ington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press. SUPREME COURT OF THE UNITED STATES _________________ No. 20–366 _________________ DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL., APPELLANTS v. NEW YORK, ET AL. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK [December 18, 2020] PER CURIAM. Every ten years, the Nation undertakes an “Enumera- tion” of its population “in such Manner” as Congress “shall by Law direct.” U. S. Const., Art. I, §2, cl. 3. This census plays a critical role in apportioning Members of the House of Representatives among the States, allocating federal funds to the States, providing information for intrastate re- districting, and supplying data for numerous initiatives conducted by governmental entities, businesses, and aca- demic researchers. Department of Commerce v. New York, 588 U. S. ___, ___ (2019) (slip op., at 2). Congress has given both the Secretary of Commerce and the President functions to perform in the enumeration and apportionment process. The Secretary must “take a decen- nial census of population . . . in such form and content as he may determine,” 13 U. S. C. §141(a), and then must report to the President “[t]he tabulation of total population by States” under the census “as required for the apportion- ment,” §141(b). The President in turn must transmit to 2 TRUMP v. NEW YORK Per Curiam Congress a “statement showing the whole number of per- sons in each State, excluding Indians not taxed, as ascer- tained” under the census. 46 Stat. 26, 2 U. S. C. §2a(a). In that statement, the President must apply a mathematical formula called the “method of equal proportions” to the pop- ulation counts in order to calculate the number of House seats for each State. Ibid.; see Department of Commerce v. Montana, 503 U. S. 442, 451–452 (1992). This past July, the President issued a memorandum to the Secretary respecting the apportionment following the 2020 census. The memorandum announced a policy of ex- cluding “from the apportionment base aliens who are not in a lawful immigration status.” 85 Fed. Reg. 44680 (2020). To facilitate implementation “to the maximum extent feasi- ble and consistent with the discretion delegated to the ex- ecutive branch,” the President ordered the Secretary, in preparing his §141(b) report, “to provide information per- mitting the President, to the extent practicable, to exercise the President’s discretion to carry out the policy.” Ibid. The President directed the Secretary to include such infor- mation in addition to a tabulation of population according to the criteria promulgated by the Census Bureau for count- ing each State’s residents. Ibid.; see 83 ...
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