BREAKING NEWS Minnesota health officials announce 5th Coronavirus-related death as positive tests hit 441 Full Story
SEVERE WX : Wind Advisory View Alerts
CLOSINGS: View Closings

Census citizenship-question case goes to Supreme Court

The Trump administration has asked the Supreme Court to block Commerce Secretary Wilbur Ross from having to ...

Posted: Oct 10, 2018 10:44 AM
Updated: Oct 10, 2018 10:44 AM

The Trump administration has asked the Supreme Court to block Commerce Secretary Wilbur Ross from having to face a deposition on the decision to reinstate a citizenship question on the 2020 census.

In papers filed with the court, Solicitor General Noel Francisco told the justices that a panel of judges on the 2nd US Circuit Court of Appeals was wrong to uphold a district court ruling that allows the deposition to proceed.

Business figures

Censuses

Citizenship and naturalization

Decisions and rulings

Elections and campaigns

Government and public administration

Government bodies and offices

Government departments and authorities

Government organizations - US

Immigration, citizenship and displacement

International relations and national security

Law and legal system

Law courts and tribunals

Politics

Population and demographics

Society

Trial and procedure

US federal court system

US federal government

US Supreme Court

Voters and voting

Voting rights

Wilbur Ross

RELATED: Census bureau nominee avoids taking position on citizenship question

"The balance of harms weighs strongly in favor of an immediate stay," Francisco wrote. He noted that the challengers intend to depose Ross, as well as acting Assistant Attorney General John M. Gore of the Justice Department's Civil Rights Division, on Wednesday and Thursday.

"Absent a stay, these high-level Executive Branch officials will be forced to prepare for and attend these depositions, and those harms cannot be undone by an eventual victory on the merits," Francisco wrote.

Within the hour, Justice Ruth Bader Ginsburg -- who has jurisdiction over the 2nd Circuit -- issued a temporary stay. Acting alone, she said the lower court opinion would be put on hold at least until the challengers had filed their response by 4 p.m. Thursday. The full court is then likely to weigh in.

The filing could prove to be the first time Justice Brett Kavanaugh is asked to weigh in on a matter of interest to President Donald Trump, who put him on the bench.

The case arises from a lawsuit filed by New York and several other states challenging the decision to add the citizenship question. Ross has said publicly that he added the question to comply with the Voting Rights Act, but his critics charge that his real motive was to reduce the representation of immigrant populations.

Democrats point to internal documents and public statements by Ross as evidence that he was interested in including the question long before the Justice Department officially asked for the question in order to assist with enforcement of voting laws.

Multiple experts have voiced concerns that the citizenship question would lead undocumented people to avoid replying. The census is designed to count every person living in the country, not just citizens, and it is used in consequential decisions ranging from federal infrastructure spending to the number of seats each state holds in Congress.

Article Comments

Mason City
Overcast
46° wxIcon
Hi: 50° Lo: 36°
Feels Like: 42°
Albert Lea
Overcast
43° wxIcon
Hi: 44° Lo: 34°
Feels Like: 36°
Austin
Broken Clouds
46° wxIcon
Hi: 47° Lo: 36°
Feels Like: 41°
Charles City
Broken Clouds
55° wxIcon
Hi: 50° Lo: 36°
Feels Like: 55°
Rochester
Overcast
42° wxIcon
Hi: 44° Lo: 34°
Feels Like: 35°
Severe weather Saturday before the sun comes out
KIMT Radar
KIMT Eye in the sky

Latest Video

Image

Sean Weather 3/28

Image

Weekend setup for rain, storms, and snow

Image

Seniors give their best quarantine advice

Image

Coronavirus claims Alden coffee shop

Image

How Corona Impacts Weather Forecasts

Image

Man Missing after boat accident

Image

Minnesota girl's basketball all-star series highlights athletes without games

Image

Chris' PM Weather Forecast 3/27

Image

Neighbors Helping Neighbors Serves Rural Areas

Image

Risk of Off-Label Medications For Covid-19

Community Events