Census counts for House seats
Trump v. New York
In brief
The Supreme Court wiped out the District Court’s ruling (vacated it), sent the case back to that court (remanded it), and ordered the case thrown out because that court lacked legal authority to hear it, without deciding whether Trump’s memorandum was lawful.
- Where it stands
- Decided
Decided 6-2 · December 18, 2020 · Per curiam
- What it’s about
- President Donald Trump’s July 21, 2020 memorandum directed the Commerce Secretary to provide census information that could support excluding people without lawful immigration status from the population used to divide House seats among the states.
- Who it affects
- The District Court’s ruling no longer stands because the Supreme Court wiped it out. The decision did not approve or reject the memorandum, leaving its legality unresolved in this case.
Summary: written with AI from the case record.

What it's about
The Supreme Court vacated (wiped out) the District Court’s judgment and remanded (sent the case back to the lower court) with instructions to dismiss (throw out) the case for lack of jurisdiction (legal authority to hear it), so it did not decide whether the memorandum was lawful.
The dispute linked census data to how House seats are divided among the states.
Question presented
1. Whether the relief entered satisfies the requirements of Article III of the Constitution. 2. Whether the Memorandum is a permissible exercise of the President’s discretion under the provisions of law governing congressional apportionment.
What the Court decided
Holding
The judgment of the District Court is vacated, and the case is remanded with instructions to dismiss for lack of jurisdiction.
- Result
- Vacated
The vote
From the opinions
“Under a straightforward application of our precedents, the plaintiffs have standing to sue. The question is ripe for resolution.”
What's next
The District Court must throw out the case (dismiss it) under the Supreme Court’s instructions. This decision gives no final answer on whether the memorandum could lawfully affect the population used to divide House seats.
Docket activity
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More questions
- What was Trump v. New York about?
- The memorandum directed the Commerce Secretary to provide census information. That information could support excluding people without lawful immigration status from the population used to divide House seats.
- What did the Supreme Court do in Trump v. New York?
- It wiped out the District Court’s ruling (vacated it) and sent the case back to the lower court (remanded it). It ordered the case thrown out because the lower court lacked legal authority to hear it.
- Did the Court decide whether Trump’s memorandum was lawful?
- No. It did not decide whether the memorandum was lawful. It also did not decide whether people without lawful immigration status could be excluded from the population used to divide House seats.
- What happens next in Trump v. New York?
- The District Court must throw out the case (dismiss it) under the Supreme Court’s instructions.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.