“Seizing On Supreme Court Order, DOJ Tries To Delay Census Citizenship Trial”


Having secured only a partial victory at the Supreme Court in blocking certain depositions and discovery in the census citizenship question case, the Justice Department is asking a federal judge in Manhattan to delay the start of trial next month, so that the administration can have another go at getting the Supreme Court to intervene.

The request, filed Tuesday evening, asks U.S. District Judge Jesse Furman to put the trial on hold, and to also delay the pretrial proceedings he had scheduled, which include pretrial filings due this week.

It comes after the Supreme Court issued an order Monday night halting plans to depose Commerce Secretary Wilbur Ross, but denying DOJ requests to put on hold another deposition and as well as additional discovery ordered by the lower court judge.

The Trump administration has argued that the lower court’s finding that Ross acted in “bad faith,” which was used to justify the depositions and discovery, was incorrect.

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