well, this is an interesting turn of events:

Justice Breyer: “To clear away some weeds from my mind, would you tell me where I missed this or I’m right.”The SG keeps attacking the procedure of the lawsuit, not the merits of the argument.

— Adam Klasfeld (@KlasfeldReports) November 30, 2020

Wall keeps attacking this as a “pre-apportionment challenge.”Justice Sotomayor is up:”Right now, [Trump’s] policy is if I can identify them, no matter what their reason is,” he’s going to exclude undocumented immigrants from census apportionment.

— Adam Klasfeld (@KlasfeldReports) November 30, 2020

Justice Gorsuch also presses Acting SG Wall for details. Again, Wall balks.”We just don’t know more at this point.”

— Adam Klasfeld (@KlasfeldReports) November 30, 2020

Justice Amy Coney Barrett tells Acting SG that the merits, on the meaning of “persons,” “really cuts against your position”: You can see that undocumented immigrants have never been excluded from apportionment from the census, she tells him.

— Adam Klasfeld (@KlasfeldReports) November 30, 2020