Washington, D.C.’s federal court has set a three-judge court to preside over a challenge to President Donald Trump’s recent executive action meant to exclude undocumented immigrants from the total census count used for congressional seats.
In an order Tuesday, Chief Judge Sri Srinivasan of the U.S. Court of Appeals for the D.C. Circuit said U.S. District Judge Christopher “Casey” Cooper—who was originally assigned to the case—will be joined by U.S. District Judge Dabney Friedrich and Judge Gregory Katsas of the D.C. Circuit in deciding the case. Katsas will preside over the matter, according to Srinivasan’s order.
The three-judge court is a rare occurrence, but federal law allows for the panels to be assigned for lawsuits challenging the constitutionality of the apportionment of congressional districts. A separate three-judge court has been set to preside over parallel litigation in the Southern District of New York, challenging Trump’s executive action last month that seeks to prevent undocumented immigrants from being included from the total population count used to determine how many congressional seats a state gets.
Attorneys with Patterson Belknap Webb & Tyler; McDermott Will & Emery and Atlanta-based firm Bondurant Mixson & Elmore filed a complaint in D.C. last month challenging the order, alleging it was part of a broader conservative movement to undercount Latino populations and boost white and Republican representation. The firms are representing the group Common Cause, several cities including Atlanta, and individuals in the suit.
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