Supreme Court Favors Illegal Aliens over Voters in Redistricting Battle

Ruling does not prohibit states from choosing to end the political clout of non-citizens

(Alexandria, VA) – April 4. This morning, the Supreme Court ruled that states may continue to use total population—including non-citizen population—to draw their legislative districts. The Court’s ruling means that districts with large numbers of illegal immigrants will receive a greater voice in state legislative matters and consequently dilute the vote of American citizens in other areas of the state.

The challengers, two voters from the State of Texas, argued that the Constitution’s Equal Protection Clause, as well as the Supreme Court’s past decisions, mandate equality in voting strength, not equality of representation, a position also endorsed by the Public Interest Legal Foundation in its brief to the Court.

Unfortunately, the Supreme Court disagreed, holding that States and locali­ties may comply with the Constitutions “one-person, one-vote” principle by designing districts with equal total populations, even if those districts include large numbers of non-citizens who cannot legally vote.

While Public Interest Legal Foundation expresses disappointment with the Court’s decision, we are encouraged by what the Court did not decide. The Court’s decision does not prohibit any state from choosing to end the political clout of non-citizens by designing districts using only eligible voter population.

“Today’s ruling, while unfortunate, maintains the status quo,” said Public Interest Legal’s President, J. Christian Adams. “Using total population to draw legislative districts is simply one option the states may choose. Using voter population is another. The Court left it up to each state to decide what is best for its people.”

The Public Interest Legal Foundation (PILF) is a 501(c)(3) public interest law firm dedicated to election integrity. PILF exists to assist states and other in aiding the cause of election integrity and fighting against lawlessness in American elections. Drawing on numerous experts in the field, PILF protects the right to vote and preserves the Constitutional framework of American elections.

Contact: media@publicinterestlegal.org