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Chris Geidner @chrisgeidner
, 11 tweets, 5 min read Read on Twitter
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…
And DOJ told the 2nd Circuit that it will ask SCOTUS for a stay of the trial if the district court (which today denied the stay) or the 2nd Circuit do not grant a stay by Monday (when DOJ is to file its petition trying to stop the Ross deposition for good).
One other thing to note about Judge Furman's ruling today denying a stay in the Census trial: He was Very Unhappy DOJ was complaining about the cost of having the trial in NY — since DOJ chose to have Main Justice, and not SDNY lawyers, representing the US in the case.
As @Greg651 noted, the one SDNY attorney on the case withdrew in August and made clear that Main Justice had taken over the case.
True, but that, too, is another reason why their cost complaint is a bit much.
BREAKING: 2nd Circuit denies DOJ's request for a stay of trial in the Census citizenship question case — meaning DOJ will include a trial stay request in Monday's expected #SCOTUS filing.
Note: The 2nd Circuit ruling came before the plaintiffs could even file their opposition. They filed this letter this afternoon. —>
In plain English: DOJ asked the trial court and appeals court to stop the trial in the challenge to the Census citizenship question from going forward on Nov. 5. Both courts said no way. DOJ has said it will ask #SCOTUS to step in. That filing is expected Monday ... [1/2]
... which is when DOJ has to file its request for the Supreme Court to hear a case to decide whether the deposition of Commerce Sec. Wilbur Ross in the Census lawsuit is appropriate. (That deposition, but nothing else in the case, is on hold currently.)
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