From ScotusBlog: Federal government asks justices to intervene in census dispute

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The federal government went to the Supreme Court today, requesting a halt to the depositions of two senior Trump administration officials – Secretary of Commerce Wilbur Ross and John Gore, the acting head of the Department of Justice’s Civil Rights Division – in a challenge to Ross’ decision to bring back a question about citizenship on the 2020 census. The depositions are scheduled for early October, with a trial to follow in early November, but the government is asking the justices to put them on hold.

The challenge to the citizenship questions was filed in federal district court in New York by 17 states, along with (among others) the District of Columbia and several major U.S. cities and counties. From 1820 until 1950, the census had generally asked about citizenship, and from 1960 until 2000, the census asked some respondents whether they were U.S. citizens. But Ross announced this year that the 2020 census would ask all respondents about their citizenship; the data, he explained, would help the U.S. Department of Justice to enforce federal voting rights laws.

The challengers contend that asking about citizenship may result in the population count being too low, because undocumented immigrants – fearing repercussions such as deportation – may be reluctant to respond. They have alleged, as U.S. solicitor general Noel Francisco explained in the government’s filing today, that Ross’ “decision was driven by secret motives, including animus against racial minorities,” and the district court ruled that they could depose both Ross and Gore on this question.

For background:

- Politifact: What you need to know about the Census’ citizenship question.
- Pew Research Center: What to know about the citizenship question the Census Bureau is planning to ask in 2020.
- NYT: Wilbur Ross Changes Story on Discussions of Citizenship Question for Census.