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“Regardless of the justification Defendants may now find for a ‘new’ decision, discovery related to the origins of the question will remain relevant.” — Judge Hazel
Order giving the green light for discovery for evidence of discriminatory intent in the Hofeller documents. 🔽
Order giving the green light for discovery for evidence of discriminatory intent in the Hofeller documents. 🔽
Stripped of jargon, this is the significance and effect of Judge Hazel’s order just now.
To unpack a bit more,
1. Before, Judge Hazel found the Trump admin’s pretext on citizenship question violated the APA + Enumeration Clause, but he stopped short of the 5th Amendment claims.
That is, he found it illegal and unconstitutional, but not on equal-protection grounds.
1. Before, Judge Hazel found the Trump admin’s pretext on citizenship question violated the APA + Enumeration Clause, but he stopped short of the 5th Amendment claims.
That is, he found it illegal and unconstitutional, but not on equal-protection grounds.
2. Then came the discovery of files belonging to late GOP “Michelangelo of gerrymandering” Thomas Hofeller, suggesting question added explicitly to benefit “Republicans and non-Hispanic whites.”
From May: courthousenews.com/blockbuster-ev…
From May: courthousenews.com/blockbuster-ev…
3. In its wake, Hazel said the evidence could “potentially connect the dots to discriminatory intent”—which would allow reconsideration on Fifth Amendment claim.
He just ordered discovery on that issue, which DOJ sought to avoid.
He just ordered discovery on that issue, which DOJ sought to avoid.
Hazel's follow-up discovery order in #2020Census is 🌩️.
* Discovery on civil rights and equal-protection claim begins today, ends Aug. 19.
* Up to five depositions of @TheJusticeDept and @CommerceGov witnesses, or more with court approval.
More here: documentcloud.org/documents/6183…
* Discovery on civil rights and equal-protection claim begins today, ends Aug. 19.
* Up to five depositions of @TheJusticeDept and @CommerceGov witnesses, or more with court approval.
More here: documentcloud.org/documents/6183…
That's some speed, there.
