Posted Nov 15, 2011 04:17 pm CST
The state of Louisiana has filed a lawsuit directly with the U.S. Supreme Court that contends illegal immigrants should not be included in census totals used to apportion House seats.
Louisiana says 2010 census numbers include millions of people who are not permanent residents of any state, and Louisiana has lost a House seat as a result, SCOTUSblog reports. The Constitution’s requirement for a census refers only to people who have a permanent legal residence in the states, according to the suit (PDF).
The federal government will likely offer its views before the Supreme Court decides whether to allow the suit.
Louisiana Attorney General Buddy Caldwell issued a statement announcing the lawsuit, the New Orleans Times Picayune reports. He said states “with large numbers of illegal foreign nationals” picked up seats in Congress at the expense of Louisiana and other states with fewer such residents. He said the needed information is already included in 2010 census results and a new tally would not be needed.
The case is Louisiana v. Bryson.