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Census Tag

The Supreme Court heard oral argument on the issue of whether the Commerce Department can add a citizenship question to the Census.  Various District Courts ruled against the Trump administration, and the administration sought the unusual remedy of direct review by the Supreme Court. We previously covered the issues in our post when the Supreme Court granted direct review, Supreme Court agrees to hear Census citizenship question case.

In a long-awaited and predictable decision, Judge Jesse M. Furman in the Southern District of New York ruled Tuesday that Commerce Secretary Wilbur Ross violated federal administrative law when he decided to reinstate a citizenship question on the 2020 Census. Judge Furman, who was appointed by President Obama, barred the Census Bureau from inquiring about citizenship on census questionnaires anywhere in the country. There's a pretty good chance that this decision stands. 

On Monday night, the Supreme Court granted the Trump administration’s request to shield Commerce Secretary Wilbur Ross from being deposed in a lawsuit over the addition of a citizenship question to the 2020 census. But the Court declined to block the deposition of acting Assistant Attorney General John Gore, as the administration had also asked. It's tough to say whether the White House should view this compromise — presumably brokered by Chief Justice John Roberts—as a win, loss or draw. Time will tell what impact it has on the census litigation.