This order (via Lawrence Hurley) means that the district court can consider the new Hofeller evidence to determine whether it shows the government acted with racially discriminatory intent in including the citizenship question on the census. And then the case would go right back to the 4th Circuit.

This question is NOT before the Supreme Court right now, although DOJ suggests that the Supreme Court do something to moot this question. Assuming the Court doesn’t resolve it, then the litigation over the question will continue and will be back before the Supreme Court on an emergency basis over the summer.

Concurring Judge Wynn gives all kinds of suggestions about how the district court should examine discriminatory intent and perhaps issue an injunction to stop the inclusion of the question.