DOJ Responds to Census Plaintiffs on Hofeller, Claiming There Were No False Statements in DOJ Testimony and No Evidence Hofeller Material Was Used in DOJ Position on Citizenship Question on Census

Here is the letter, painting a starkly different picture of both the facts and legal relevance of the Hofeller materials.

This will no doubt have to be hashed out by the district court, while the Supreme Court drafts its opinion (and certainly dissents) in the census case.

And regardless of what the truth actually is, this letter will give more than enough cover to Justices wishing to ignore the Hofeller material in siding with the government on the citizenship question.

UPDATE: DOJ has now shared its letter with the Supreme Court. As Tierney Sneed notes, DOJ is suggesting that the material came from a brief in Evenwel (ironically one authored by Gerry Hebert, Paul Smith, and Anita Earls). Here was my response:

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