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Marshall Joins U.S. Supreme Court Brief Charging Misuse of Census

? NEWS – FOR RELEASE: On Receipt (January 19, 2012)

Louisiana v. Bryson et al
MARSHALL JOINS U.S. SUPREME COURT BRIEF ALLEGING MISUSE OF CENSUS
Alleges Obama Administration Is Violating Constitution, Laws in Counting Illegal Aliens

Del. Bob Marshall (R, 13th) has joined in a “friend of the court” brief filed with the U.S. Supreme Court supporting Louisiana’s effort to file a “fast track” lawsuit challenging the Obama Administration’s decision to count millions of illegal aliens in the 2010 national census.

Louisiana state officials contend that their state unconstitutionally and unlawfully lost a seat in the U.S. House of Representatives because data from the 2010 Census was used that includes non-resident immigrants living illegally in the United States.

“This case strikes at the very heart of the representative government we Americans hold dear,” Marshall said. “Our Constitution and our laws don’t grant equal representation to those who come here illegally and flagrantly violate that same Constitution and those same laws.”

Louisiana officials argue that counting illegal aliens in the census favors states with high numbers of undocumented immigrants living illegally within their borders, thus shifting political power by skewing population-based apportionment of the House’s 435 seats among the 50 states.

Census data also is the basis for apportioning congressional, legislative and local voting districts within states, as well as distributing federal grants to states and localities, and allocating states’ votes for president in the Electoral College, which will decide whether Obama wins another White House term in the Nov. 6 general election.

Technically, Louisiana officials are invoking a provision in the Constitution allowing them to bypass lower federal courts to file the lawsuit directly with the Supreme Court because of time constraints regarding this year’s fast-approaching congressional primary and general elections.

Listed with Marshall in the Supreme Court brief are 12 non-profit social welfare and educational organizations and foundations; state legislators from Oklahoma, Maryland, Washington State and Wyoming; and Montana candidates for governor and lieutenant governor.

The brief was filed Friday [Jan. 13] by Herbert W. Titus and William J. Olson of a Vienna, Va., law firm specializing in constitutional law.  Titus was founding dean of Regent University’s School of Law in Virginia Beach. Olson is a former chairman of the Fairfax County Republican Committee.

Defendants in the lawsuit are U.S. Secretary of Commerce John Bryson, U.S. Census Director Robert Groves, and House Clerk Karen Lehman Haas.

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