ORLANDO, Fla. (AP) – A week after a three-judge panel blocked an order from President Donald Trump seeking to exclude people in the U.S. illegally from the numbers used to redraw congressional districts, the Trump administration on Wednesday gave notice it intends to appeal.
It wasn’t immediately clear whether an appellate court or the U.S. Supreme Court will get the case next since the Trump administration filed notices for both courts. Either way, the case is likely to end up at the Supreme Court.
A panel of three federal judges in New York last week said Trump’s order was unlawful. The judges prohibited Commerce Secretary Wilbur Ross, whose agency oversees the U.S. Census Bureau, from excluding people in the country illegally when handing in 2020 census figures used to calculate how many congressional seats each state gets in a process known as apportionment.
The judges said that those in the country illegally qualify as people to be counted in