The panel had ruled that Trump's order is "an unlawful exercise of the authority granted to the President" under the laws that set out how congressional seats are apportioned. The court did not decide if Trump's memorandum violates the Constitution. The July memorandum did not change who would be counted in the 2020 census, which counts every person.
In addition to the Supreme Court, the government said it would take the case to the full 2nd US Circuit Court of Appeals.
As a result, the President directed the Commerce Department and Census Bureau to collect other government data on citizenship, and in July ordered Commerce Secretary Wilbur Ross to present him with two counts: a count of the entire population and a second tally that excludes "aliens who are not in a lawful immigration status."
The administration argued the President has discretion to decide the composition of the tally used to divide up congressional seats. But the coalition of groups and local governments suing the administration argued that excluding immigrants was not part of that discretion and would cause their communities to lose federal government funding and political power.