, 5 tweets, 3 min read Read on Twitter
JUST IN: DOJ will ask #SCOTUS to directly review court ruling that bars the Trump admin from asking a citizenship questionnaire on the Census, passing over the 2nd Circuit. documentcloud.org/documents/5691…
Unlike past instances where DOJ asked SCOTUS to act before appeals court rulings, DOJ is able to make a pretty strong argument for why they're going to be asking the justices to do so here:
DOJ is going to propose hearing the case in April — or May, which would be unusual:
Why is this all worded oddly? This filing is not the actual request for SCOTUS review. Instead, it's a response to the challengers' request that SCOTUS dismiss the case before the justices over the evidence to be allowed at trial in the Census case. See:
SCOTUS removed the evidence case from the argument calendar — — but has not yet acted on the request to dismiss the case. Today, DOJ's filing asks the justices to hold that decision until they decide what to do with the forthcoming cert petition.
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