MIKE DAVIS: After SCOTUS fumbles birthright citizenship, we need sensible census solutions
The article argues that a Supreme Court decision on birthright citizenship has weakened the public’s control over citizenship policy. It says this also raises concerns about how non-citizens are counted in the census, which affects congressional representation and the Electoral College.
The author contends that undocumented migrants and temporary visa holders should not influence the allocation of US House seats, and calls for reforms before the 2030 census. The piece frames census policy as a constitutional and political issue, using strongly critical language about the court’s ruling and its potential electoral consequences.
- The author criticises the Supreme Court’s birthright citizenship ruling.
- It links census counts to representation and presidential elections.
- It calls for census reform before 2030.
Both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
Supporters argue that congressional representation should reflect the political community of citizens and lawful permanent members, rather than people who cannot vote and may have only a temporary or unauthorised connection to the country. They contend that counting all residents can shift House seats and Electoral College votes away from states with fewer non-citizens, weakening equal representation among citizens. In this view, Congress should establish clear, practical census rules before 2030 while respecting constitutional limits and ensuring accurate population data.
The case against
Opponents argue that the Constitution has long been understood to require an apportionment count of all persons residing in each state, not only citizens or eligible voters. They say non-citizens, including children, temporary workers and undocumented migrants, use local infrastructure, are subject to laws, and need representation even though they cannot vote. Excluding them could produce an inaccurate census, invite intrusive status checks, and leave high-population communities with less representation and fewer resources.