3-Judge Court Blocks Trump Memo On Census, Unauthorized Immigrants : NPR

President Trump, Commerce Secretary Wilbur Ross (center) and U.S. Attorney General William Barr walk into the White House Rose Garden for a July 2019 press conference on the census.

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Jabin Botsford/The Washington Post via Getty Images

President Trump, Commerce Secretary Wilbur Ross (center) and U.S. Attorney General William Barr walk into the White House Rose Garden for a July 2019 press conference on the census.

Jabin Botsford/The Washington Post via Getty Images

A special three-judge court in New York has ruled to block the Trump administration’s efforts to make an unprecedented change to the constitutionally mandated count of every person living in the country — leaving out unauthorized immigrants from the census numbers that determine each state’s share of seats in Congress.

The ruling comes after the July release of a memorandum by President Trump that directs Commerce Secretary Wilbur Ross, who oversees the Census Bureau, to provide Trump with information needed to exclude immigrants living in the U.S. without authorization from the apportionment count.

Since the first U.S. census in 1790, the country’s official once-a-decade population numbers used to reapportion seats in the House of Representatives have included both U.S. citizens and noncitizens, regardless of immigration status. Enacted after the Civil War, the 14th Amendment ended the counting of an enslaved person as “three fifths” of a free person by requiring the counting of the “whole number of persons in each state.”

The president ultimately plays a limited role in reapportioning Congress. After the president hands off the latest numbers to Congress, it is the clerk of the House of Representatives who is supposed to send to the governors a “certificate of the number of Representatives” each state receives, according to Title 2 of the U.S. Code.

Trump’s memorandum has sparked a total of eight legal challenges around the country. In addition to the two based in Manhattan, federal judges are hearing cases over the memo in northern California, Washington, D.C., Massachusetts and Maryland, where an ongoing lawsuit about the administration’s efforts to produce citizenship data was expanded last month with additional allegations about the memo.

Fearing the loss of a House seat after the 2020 census, the state of Alabama is leading an ongoing case that was filed in 2018 to try to force the Census Bureau to not include unauthorized immigrants in the apportionment count.

The ruling in New York is likely to be appealed directly tothe U.S. Supreme Court. Federal law allows decisions by a three-judge court — which are convened for lawsuits challenging the constitutionality of how congressional seats are reapportioned among the states — to skip review by an appeals court.

In addition to this legal fight over who counts for reapportioning House seats, the bureau is embroiled in lawsuits over the Trump administration’s directive to shorten the 2020 census schedule — already disrupted by the coronavirus pandemic — in order to make sure the president receives the apportionment count by Dec. 31.

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Eric Burdon Slams Trump For Unauthorized Use Of The Animals’ ‘House Of The Rising Sun’



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There’s a lengthy list of music stars who’ve taken issue with having their music played at Donald Trump’s rallies without permission, ranging from Neil Young to Steven Tyler to Adele.

The latest name to add to that roster is Eric Burdon, frontman for British Invasion hitmakers The Animals.

On Saturday, the 79-year-old rocker shared a photo of himself wearing a face mask emblazoned with the word “VOTE.”

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“Even though nobody asked my permission, I wasn’t surprised to learn that #Trump #864511320 used #HouseoftheRisingSun for his rally the other day,” he said of The Animals’ rock version of the classic folk song about a house of ill repute in New Orleans, while also sneaking in the #864511320 hashtag, which links to an Instagram page for Joe Biden’s campaign.

“A tale of sin and misery set in a brothel suits him so perfectly!” added Burdon of Trump before referencing another Animals it. “Far more appropriate for this time in our history might be #WeGottaGetOutofThisPlace.”

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Even though nobody asked my permission, I wasn’t surprised to learn that #Trump #864511320 used #HouseoftheRisingSun for his rally the other day…A tale of sin and misery set in a brothel suits him so perfectly! Far more appropriate for this time in our history might be #WeGottaGetOutofThisPlace. This is my answer #vote #saveourdemocracy #bidenharris2020 A post shared by Eric Burdon (@officialericburdon) on Sep 5, 2020 at 3:45pm PDT

Burdon concluded by telling his followers, “This is my answer #vote #saveourdemocracy #bidenharris2020.”

Back in June, The Rolling Stones announced they’d be taking legal action against Trump after his campaign repeatedly ignored cease-and-desist letters over the unauthorized use of their song “You Can’t Always Get What You Want”.

RELATED: Rolling Stones Threaten Trump With Lawsuit If He Continues To Use Their Music At Rallies

“This could be the last time Trump uses any Jagger/ Richards songs on his campaigns,” the band’s rep said in a statement.

“The BMI have notified the Trump campaign on behalf of the Stones that the unauthorized use of their songs will constitute a breach of its licensing agreement,” the rep added. “If Donald Trump disregards the exclusion and persists then he would face a lawsuit for breaking the embargo and playing music that has not been licensed.”

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