Anonymous ID: dbe615 Aug. 7, 2025, 1:16 p.m. No.23437991   🗄️.is 🔗kun   >>8215

MEME WARRIOR UI 1.3 #240904

 

OPERATIONS

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OPTICS

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DONATIONS (IMO) https://archive.ph/rmv1F

LETTERS https://archive.ph/kDxcC

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>>https://archive.is/3Pe0E

Anonymous ID: dbe615 Aug. 7, 2025, 1:33 p.m. No.23438048   🗄️.is 🔗kun

Overturning Evenwel v. Abbott (2016), which affirmed that states can use total population (including non-citizens and undocumented immigrants) for redistricting, would be challenging due to the structure of the U.S. legal and constitutional system. Here are the potential avenues to overturn or challenge the precedent, along with their difficulties:New Supreme Court Case:Process: A new case would need to be brought to the Supreme Court, challenging the inclusion of non-citizens or undocumented immigrants in the census count for apportionment or redistricting. This could arise from a state or plaintiff arguing that only citizens should be counted, claiming the current practice violates constitutional principles (e.g., equal protection or representation).

Requirements: The case must present a novel legal argument or new evidence not addressed in Evenwel. The Court would need to accept the case (grant certiorari), which requires four justices’ approval. A majority (at least five justices) would then need to rule that the Constitution’s language (“whole number of persons”) excludes non-citizens or undocumented immigrants.

Challenges: The Evenwel decision relied on historical practice, constitutional text, and precedent, which strongly support counting all persons. The Court’s 2016 ruling was unanimous (8-0) in affirming total population as a permissible basis, making a reversal less likely. A new case would need to overcome stare decisis (the principle of respecting precedent) and address the textual clarity of “persons” in the Constitution.

 

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