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Hansi Lo Wang @hansilowang
, 6 tweets, 5 min read Read on Twitter
NEW: Trump admin is asking 1st trial of #2020census citizenship question lawsuits - scheduled to start on Nov. 5 in NYC - to be put on pause by U.S. District Judge Jesse Furman until after #SCOTUS resolves the admin’s “forthcoming petition for a writ of mandamus or certiorari”👇
2. @TheJusticeDept attorneys representing Trump administration are arguing that #SCOTUS may decide a trial may not be necessary to resolve #2020census citizenship question lawsuits👇
3. Attorneys on both sides are meeting with U.S. District Judge Jesse Furman for a hearing tomorrow (Oct. 24) to discuss next steps in light of expected #SCOTUS action.
4. If you’re just tuning in, #SCOTUS was busy last night with #2020census citizenship question lawsuits👇

2. Remember: John Gore has been leading DOJ’s civil rights division that Trump admin says needs #2020census citizenship Q to better enforce Voting Rights Act’s protections against racial discrimination.

More on why Gore’s testimony could be important👇

3. David Langdon is @CommerceGov policy adviser who joined agency during Obama admin. In May 2017, he wrote in email “the counting of illegal immigrants (or of the larger group of non-citizens) has a solid and fairly long legal history”👇

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NEW: Internal Trump admin email shows @TheJusticeDept discussing the possibility of changing current legal protections that keep census info confidential & that sharing individuals' responses w law enforcement, national security officers may "come up later for renewed debate"👇
2. This June 12 email to acting civil rights division head, John Gore, from his then-chief of staff Ben Aguiñaga was filed Friday w San Francisco fed court by @AClaudeCase, one of #2020census #citizenshipquestion lawsuit plaintiffs' attys w @manatt @LawyersComm @PublicCounsel.
3. Issue came up after @RepJimmyGomez, D-Calif., asked if @TheJusticeDept under Trump administration agrees w this 2010 Obama-era DOJ memo confirming the Patriot Act could not force @CommerceGov secretary to release individuals' confidential census info👇

justice.gov/sites/default/…
Read 10 tweets
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NEW: The Trump administration has lost its sixth attempt to get the #2020census #citizenshipquestion lawsuits tossed out of court. U.S. District Judge George Hazel has rejected @TheJusticeDept’s motion to dismiss case in Maryland led by @LUPE_rgv👇
2. @LUPE_rgv & other plaintiffs in this #2020census #citizenshipquestion lawsuit are repped by @MALDEF @AAAJ_AAJC.

Potential trial set to start in January for other Md.-based lawsuit by Maryland & Arizona residents repped by @CovingtonLLP. @TheJusticeDept wants to skip trial.
3. Judge Hazel is allowing plaintiffs’ attorneys at @MALDEF @AAAJ_AAJC to argue that adding a #citizenshipquestion to #2020census is unconstitutional👇
Read 7 tweets
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BREAKING: @TheJusticeDept official John Gore -- drafter of DOJ's request for citizenship question on #2020census -- testified that adding the question is "not necessary" for enforcing the Voting Rights Act.

From transcript of Gore's deposition for lawsuits, provided by @ACLU👇
@TheJusticeDept @ACLU 2. During deposition, @TheJusticeDept official John Gore also testified that he "had a conversation" with Attorney General Jeff Sessions related to the citizenship question "about the question of the use of total population or some other measure for apportionment purposes."👇
@TheJusticeDept @ACLU 3. @TheJusticeDept official John Gore's testimony confirms that Attorney General Jeff Sessions decided that the DOJ would request the @uscensusbureau to add a citizenship question to the #2020census👇
Read 8 tweets

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CENSUS CASE UPDATE: DOJ goes to #SCOTUS on the eve of closing arguments in the Census citizenship question trial and “suggests” it “may wish to reconsider” putting trial proceedings on hold while it considers the discovery question. supremecourt.gov/DocketPDF/18/1… (h/t @marty_lederman)
Wild to see this filing coming from SG Noel Francisco only on late Monday — after DOJ received trial stay denials from the district court (11/20) and 2nd Cir (11/21) by last Wednesday.
FWIW: Closing the loop on this Census case thread tonight, there was no further docket entry, reflecting #SCOTUS action or anything else, following DOJ’s odd letter filed earlier this evening. supremecourt.gov/search.aspx?fi…
Read 4 tweets
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CENSUS CASE UPDATE: 2nd Circuit denies a stay of the trial proceedings in the Census citizenship question challenge in a brief order, meaning DOJ likely will go to SCOTUS seeking a similar stay soon.
Here was the Tuesday thread on the case, including DOJ's renewed stay request at the 2nd Circuit:
Here was the challengers' opposition to the stay request at the 2nd Circuit, filed earlier today: documentcloud.org/documents/5219…
Read 6 tweets
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A Census citizenship question challenge update thread: After #SCOTUS agreed on Friday — buzzfeednews.com/article/chrisg… — to hear a case over what evidence should be allowed in the case ...
... DOJ went back to the trial court, where closing arguments are scheduled for later this month in the trial, asking on Sunday for everything to be put on hold until SCOTUS is done with its case over the evidence. documentcloud.org/documents/5190…
This morning, Judge Furman ordered the challengers — state gov'ts and immigration groups — to respond to DOJ's motion by 4p Tuesday.
Read 7 tweets
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Good morning from New York.

The #2020Census trial is about to begin a bit early. The attorneys are introducing themselves, and U.S. District Judge Jesse Furman has taken the bench.

As the SCOTUS denied a last-minute stay, trial ahead. courthousenews.com/taking-up-5-ca…
Note: This is a bench trial.

Furman indicated that he will watch the video of the depositions of John Gore and Earl Comstock, which means that the footage will become public.
Late last night, Gore's deposition became available in transcript form, and it was revealed that Gore confirmed a citizenship question was "not necessary" to enforce the Voting Rights Act, which was Wilbur Ross's justification.

Breakdown by @hansilowang
Read 61 tweets
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JUST IN: As it said it would do, DOJ asks #SCOTUS, in application to Justice Ginsburg, to halt the upcoming trial in the Census citizenship question case pending the court's action on DOJ's request that SCOTUS resolve whether Commerce Sec. Ross can be deposed in the case.
* = Actually, I should clarify. Since this, technically, is styled as a request to expand the current stay (which came from the full court), I'm not sure whether this will first go to RBG or to the full court. Here's the filing: documentcloud.org/documents/5023…
And, here is DOJ's underlying mandamus petition at #SCOTUS, which is Docket No. 18-557. supremecourt.gov/DocketPDF/18/1…
Read 8 tweets
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In the Census citizenship questionnaire case, a lot of movement. The district court judge, Judge Furman, today denied DOJ's attempt to stop the upcoming trial. documentcloud.org/documents/5021…
Furman: "Defendants [i.e., DOJ, Commerce, etc.] suffer no substantive, cognizable harm whatsoever in proceeding to trial as scheduled."
However, DOJ already went to the 2nd Circuit last night, asking for a similar stay of the upcoming trial, which is to begin on Nov. 5. documentcloud.org/documents/5021…
Read 11 tweets

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