On November 30, 2020 the Supreme Court heard oral argument in Trump v. New York. The first legal question before the Court was whether a group of states and local governments have standing under Article III of the Constitution to challenge a July 21, 2020, memorandum by President Donald Trump instructing the secretary of commerce to include in his report on the 2020 census information enabling the president to exclude noncitizens from the base population number for purposes of apportioning seats in the House of Representatives. The second legal question before the court was whether the memorandum is a permissible exercise of the president’s discretion under the provisions of law governing congressional apportionment.
Professor John S. Baker joins us today to discuss this case’s oral argument. Professor Baker is Professor Emeritus at Lousiana State University's Paul M. Hebert Law Center.