The discretion to which he appeals is fake news.
The constitution specifies who is to be counted.
It requires all persons be counted and taken into account for purposes of apportionment - really the only purpose for which the constitution requires the census in the first place.
Trump signs order to prevent illegal immigrants from being counted in redrawing of voting districts
An amendment to do this or to base apportionment only on citizens might well be ratified.
But Bozo doesn't get to do this by decree.
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