Census Challengers in NY Case Agree That If Supreme Court Review is Necessary, It is Better to Review Now and Skip the Second Circuit

From the NY brief:

Respondents recognize, however, that the resolution of this dispute over the Secretary’s decision to add a citizenship question to the decennial census has consequences for the Nation that may lead this Court to conclude that its review is warranted, despite the narrow and well-grounded nature of the factual and legal conclusions presented. If the Court determines that this case will eventually require its review, whether on a writ of certiorari or on a stay application during or after review by the court of appeals, then the Court should grant certiorari before judgment and issue an expedited briefing schedule. As petitioners explain, there is insufficient time for two levels of merits review before June 30, 2019, the date that petitioners represent as the firm deadline for finalizing the census questionnaire for printing. And if this Court is inclined to review the case, it should do so now, rather than on an application for a stay at some later date, when there is no longer time for full briefing and argument.


Comments are closed.