December, 17 2020, 11:00pm EDT
ACLU Comment on Supreme Court Census Ruling
The Supreme Court has ruled it is too soon to bring a legal challenge against the Trump administration's still-developing plan to exclude undocumented immigrants from the census count used to allocate seats in the U.S. House of Representatives. The case is Trump v. New York.
The challenge was brought by the American Civil Liberties Union, New York Civil Liberties Union, ACLU of Texas, ACLU of Southern California, and Arnold & Porter on behalf of immigrant rights groups.
WASHINGTON
The Supreme Court has ruled it is too soon to bring a legal challenge against the Trump administration's still-developing plan to exclude undocumented immigrants from the census count used to allocate seats in the U.S. House of Representatives. The case is Trump v. New York.
The challenge was brought by the American Civil Liberties Union, New York Civil Liberties Union, ACLU of Texas, ACLU of Southern California, and Arnold & Porter on behalf of immigrant rights groups.
Plaintiffs are the New York Immigration Coalition, Make the Road New York, CASA, American-Arab Anti-Discrimination Committee, ADC Research Institute, FIEL Houston, and AHRI for Justice. State and local governments led by New York comprised another set of challengers.
On September 10, a federal court in New York blocked the Trump order, prompting the administration's appeal to the Supreme Court.
Dale Ho, director of the ACLU's Voting Rights Project, argued the case and had the following reaction:
"This Supreme Court decision is only about timing, not the merits. This ruling does not authorize President Trump's goal of excluding undocumented immigrants from the census count used to apportion the House of Representatives. The legal mandate is clear -- every single person counts in the census, and every single person is represented in Congress. If this policy is ever actually implemented, we'll be right back in court challenging it."
Order: https://www.supremecourt.gov/opinions/20pdf/20-366_7647.pdf
Statement: https://www.aclu.org/press-releases/aclu-comment-supreme-court-census-ruling
Case details: https://www.aclu.org/cases/new-york-immigration-coalition-v-trump
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
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After doubling down on calling Rep. Sarah McBride "mister," Rep. Keith Self explained, "It is the policy of the United States to recognize two sexes, male and female."
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The Republican chair of a House Foreign Affairs subcommittee abruptly ended a hearing Tuesday after a Texas lawmaker repeatedly misgendered a transgender U.S. congresswoman, sparking a heated response from one of their Democratic colleagues.
Rep. Keith Self (R-Texas), who chairs the House Foreign Affairs Subcommittee on Europe, introduced Rep. Sarah McBride (D-Del.) as "Mr. McBride," prompting the first openly transgender woman elected to Congress to retort, "Thank you, Madame Chair" before beginning her remarks.
McBride was interrupted by Rep. Bill Keating (D-Mass.), the subcommittee's ranking member, who said, "Mr. Chairman, could you please repeat your introduction again?"
Texas Republican Keithself storms out of the meeting he's supposed to be running because a Democrat asked him to treat his colleague Sarah McBride with respect. These people would not last one day as a trans person.
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— Ari Drennen (@aridrennen.bsky.social) March 11, 2025 at 1:39 PM
Self, a 71-year old former Army colonel and county judge, replied that "we have set the standard on the floor of the House."
When pressed by Keating to explain that standard, Self doubled down on calling McBride "mister."
Keating shot back: "Mr. Chairman, you are out of order. Have you no decency? I mean, I've come to know you a little bit, but this is not decent. You will not continue [this hearing] with me unless you introduce a duly elected representative the right way!"
Self then adjourned the hearing. He later explained on social media that "it is the policy of the United States to recognize two sexes, male and female," a reference to an executive order signed by President Donald Trump on the first day back in office.
As journalist Erin Reed noted:
This is not the first time McBride has been treated this way by her colleagues. Just one month ago, Rep. McBride was referred to as the "gentleman from Delaware" on the House Floor by Republican Rep. Mary Miller (R-Ill.). Like Self, Miller also bragged about it afterwards, stating: "Today on the House floor, I refused to deny biological reality… President Trump restored biological truth in the federal government, and I refuse to perpetuate the lie that gender is open to our interpretation. It is not."
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Meanwhile, Republican lawmakers and commentators cheered Self and misgendered McBride. Miller even deadnamed the congresswoman.
McBride responded to Tuesday's incident on the social media site X, writing: "No matter how I'm treated by some colleagues, nothing diminishes my awe and gratitude at getting to represent Delaware in Congress. It is truly the honor and privilege of a lifetime. I simply want to serve and to try to make this world a better place."
The congresswoman has repeatedly stressed that she intends to "pick her battles" and eschew biting at Republicans' bait, while acknowledging that, as hurtful as it can be, bigoted attacks against her are a GOP ploy to distract attention from policies that harm working-class Americans.
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