-Source-NPR-
The Trump administration is asking the Supreme Court to delay the first trial over the controversial citizenship question it added to the 2020 census.
The emergency request to the high court comes less than a week before the trial is scheduled to begin on Nov. 5 for the two lead lawsuits in New York City. Last week, lower courts rejected similar requests from the Justice Department, which is representing the administration.
Postponing the trial, U.S. District Judge Jesse Furman wrote in his opinion, "could make a timely final decision next to impossible." It would also ratchet up the pressure this legal battle has put on preparations for the constitutionally mandated head count of every person living in the U.S. The Census Bureau has been waiting for a decision on the citizenship question to finalize the census form. Printing of the 2020 census forms is scheduled to begin in May.
But in court filings submitted Monday, Solicitor General Noel Francisco argued that delaying the trial is necessary. The administration wants the Supreme Court to review its new request to permanently block lower court orders allowing the plaintiffs' attorneys to question Commerce Secretary Wilbur Ross. Ross oversees the Census Bureau and approved adding the question. Last week, the high court put Ross' deposition temporarily on hold.
The Justice Department is arguing that these lawsuits should be resolved based on the internal documents initially released by the administration about the citizenship question. Its attorneys want the Supreme Court to block earlier rulings that allowed testimony from Justice Department official John Gore and documents requested by the plaintiffs to be considered for the final ruling in these cases. Read more
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