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BREAKING: @TheJusticeDept says it hasn't decided on whether to adopt "new rationale" for the citizenship question, more discovery would be "premature" in the #2020Census litigation, and the final judgment should remain in place. @CourthouseNews
Doc: documentcloud.org/documents/6183…
Doc: documentcloud.org/documents/6183…
So to those looking for clarity on what's ahead in the #2020Census litigation:
There it is: Clear as mud. Commerce may or may not adopt "a new rationale," which may or may not require future discovery.
We'll see if Judge Hazel has any questions requiring a phone conference.
There it is: Clear as mud. Commerce may or may not adopt "a new rationale," which may or may not require future discovery.
We'll see if Judge Hazel has any questions requiring a phone conference.
Just called Judge Hazel's chambers: No new guidance as to whether he will call for a phone conference in response to this filing.
I'll let you know if and when more information becomes available.
I'll let you know if and when more information becomes available.
Not sure that this NYT push alert accurately conveys the DOJ status report:
The DOJ said that it will notify the court “in the event the Commerce Department adopts a new rationale” for the citizenship question.
That’s kind of a hedge.
The DOJ said that it will notify the court “in the event the Commerce Department adopts a new rationale” for the citizenship question.
That’s kind of a hedge.
“When any new decision is made” also indicates that, well, a decision hasn’t been made.
Consider the chutzpah of the DOJ's non-answer about its intentions regarding the citizenship question and request to pause discovery in light of the fact that this is what Judge Hazel told them on *Wednesday.*
JUDGE HAZEL: "I need your final answer by Friday at 2 p.m., or we're going forward."
(Two days later)
DOJ, on Friday at 2 p.m.: The government "will immediately notify the Court" of its answer at some unspecified time, and it would be "premature" to move forward.
(Two days later)
DOJ, on Friday at 2 p.m.: The government "will immediately notify the Court" of its answer at some unspecified time, and it would be "premature" to move forward.
As expected, Judge Hazel rejects the DOJ’s attempts to delay discovery in the #2020Census case. H/t @MikeScarcella
Tying the two threads together for the benefit of those seeing them in isolation.
