Justice Gorsuch’s Bad Faith in Discussing Deposing Wilbur Ross on Ross’s Bad Faith

Thread from Marty Lederman:

Mark Joseph Stern:

Gorsuch conveniently leaves out Furman’s most critical finding: that Ross lied about his reasons for adding the citizenship question. Initially, Ross insisted—under oath before Congress—that he began considering the question in response to the DOJ’s request. A document obtained in discovery, however, reveals that Ross himself pushed the DOJ to submit this request, contradicting his earlier sworn testimony. Furman, quite sensibly, found that Ross’ dishonesty could indicate that his “proffered rationale for the decision … may have been pretextual.” He rested his decision to permit the depositions on that conclusion. Yet Gorsuch elided Ross’ falsehood, a sleight of hand that conveniently erases the heart of Furman’s ruling

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