President Donald Trump’s latest attempt to limit the effect of undocumented immigrants from the 2020 census count reached the U.S. Supreme Court on Tuesday in an appeal by the U.S. Justice Department.

The Justice Department in the case Trump v. New York asked the justices to expedite review of a three-judge district court decision that found illegal a July 21 Trump memorandum ordering the Commerce Department secretary to include information in the census report that would enable Trump to exclude those aliens from the population count used for apportionment of congressional seats.