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CENSUS 🤓 ALERT: I’m back @ Manhattan federal court for 9:30am ET oral arguments in largest lawsuit against #2020census citizenship question. Judge is deciding whether to dismiss case & whether to order Trump admin to release more internal docs on decision to add Q. THREAD TK👇 
2. So far, there are 6 lawsuits against the #2020census citizenship question, which Commerce Secretary Wilbur Ross (census overseer) approved adding to questionnaire. More than two dozen states & cities, plus other groups & individuals, are trying to get it removed.
3. Lawsuits include:
- State Of NY et al v Commerce Dept et al
- The NY Immigration Coalition et al v Commerce Dept et al
- State of CA v Ross et al
- City Of San Jose et al v. Ross et al
- Kravitz et al v Commerce Dept et al
- La Union Del Pueblo Entero et al v Ross et al
- State Of NY et al v Commerce Dept et al
- The NY Immigration Coalition et al v Commerce Dept et al
- State of CA v Ross et al
- City Of San Jose et al v. Ross et al
- Kravitz et al v Commerce Dept et al
- La Union Del Pueblo Entero et al v Ross et al
4. Commerce Secretary Ross says he approved Justice Dept's request for #2020census citizenship Q bc DOJ needs better count of voting-age citizens to enforce Voting Rights Act. Memo by Ross, though, says he/his staff asked DOJ to request Q 👇 npr.org/2018/06/21/622…
5. Public interest in today's hearing so high that Judge Jesse Furman approved adding an overflow room. I'm watching from press room's video feed of courtroom, which looks/sounds like a full house.
6. If you're reading this thread, probably don't need to remind you what's at stake w #2020census. But just in case, it's used to:
-reapportion Congress seats
-determine Electoral College votes per state
-draw legislative districts
-distributed ~$800 billion a year in fed funds
-reapportion Congress seats
-determine Electoral College votes per state
-draw legislative districts
-distributed ~$800 billion a year in fed funds
7. Census Bureau research suggests asking about citizenship status on #2020census will discourage noncitizens from participating, harm accuracy of census. Don't forget: lots of mixed-status families, so there's concern that citizens living w noncitizens will also not be counted.
8. "All rise." Judge Jesse Furman has entered the courtroom.
9. DOJ lawyer Brett Shumate says alleged injury (#2020census undercount, its implications) is not traceable to gov't. DOJ argues it would be result of indivs who choose to not follow legal requirement & take part in census, too early to say census follow-up efforts will fail.
10. A lawyer for plaintiffs, NY AAG Ajay Saini, argues substantial risk of #2020census undercount bc of citizenship Q is backed up by decades of Census Bureau research & statements saying asking abt citizenship status will increase nonresponse, deter cooperation w census workers.
11. DOJ lawyer Brett Shumate is arguing that Commerce Secretary Wilbur Ross' decision to add citizenship question to #2020census is not reviewable by courts, and only Congress can take action.
12. Judge Jesse Furman tested DOJ lawyer Brett Shumate's argument, asking if courts can review hypothetical decisions to add census Q asking which presidential candidate you voted for, or a Q intended to have effect on red states only. Shumate says no, only Congress can review.
13. Lawyer for plaintiffs, Elena Goldstein, argues the fact that Congress has authority over census doesn't mean it has "sole or unreviewable authority."
14. Lack of testing of question citizenship status on decennial census is key to plaintiffs' argument, lawyer Elena Goldstein says. Census Bureau has not asked all households about citizenship since 1950.
15. Hearing has moved on to motion to expand discovery, i.e., order Trump administration to release more internal docs about Commerce Secretary Ross' decision to add citizenship question. My reporting on what Commerce Department has released so far: npr.org/2018/06/10/618…
16. Lawyer for plaintiffs, Matthew Colangelo of NY AG's office, argues Trump administration showed bad faith, citing phone calls to Commerce Secretary Wilbur Ross from Kansas Secretary of State Kris Kobach on citizenship question. Colangelo says those calls put pressure on Ross.
17. Judge Jesse Furman questions plaintiff lawyer Matthew Colangelo's request to depose Steve Bannon, warns the request opens up other legal issues bc Bannon was former White House adviser.
18. Judge Jesse Furman asks DOJ lawyer Jeannette Vargas whether Commerce secretary's recent memo disclosing his consideration of citizenship Q before DOJ request shows Commerce's admin record was misleading. Vargas says admin record doesn't have to go into process b4 DOJ request
19. BREAKING: Judge Jesse Furman rules that Trump admin must release additional internal docs on #2020census citizenship question, as requested by plaintiffs for cases at Manhattan federal court. No ruling on motion to dismiss, but Furman says unlikely to dismiss case entirely.
20. Stand by for details on Judge Jesse Furman's ruling on scope of release of additional #2020census citizenship question docs...
21. Judge Jesse Furman says it now appears #2020census citizenship question originated with Commerce Secretary Wilbur Ross, not DOJ. He considers it "inconceivable" that there aren't additional documents that should be included in administrative record.
22. Judge Jesse Furman says Commerce Secretary's June 21 memo could be read that decision to add #2020census citizenship question preceded rationale to add question.
23. Judge Jesse Furman says Trump administration "deviated from standard operating procedure" by adding #2020census citizenship question with little consideration and no testing at all, and that's enough basis to allow for additional discovery.
24. Judge Jesse Furman says he's not making a ruling today on whether Commerce Secretary Ross' decision to add #2020census citizenship question was pretextual.
25. Details of Judge Jesse Furman's ruling allowing additional discovery in #2020census citizenship lawsuit:
- release of internal docs from Commerce & Justice Depts to complete administrative record & privilege log
- 10 fact depositions shared between plaintiffs & defendants
- release of internal docs from Commerce & Justice Depts to complete administrative record & privilege log
- 10 fact depositions shared between plaintiffs & defendants
26. Additional internal docs from Commerce and Justice Depts on #2020census citizenship question are due to be filed in court by July 23.
27. Judge Jesse Furman says he plans to issue order on motion to dismiss case in next couple of weeks. He previously noted that he's not likely to dismiss case in its entirety.
28. Trial date is tentatively set for Halloween (Oct. 31), though Judge Jesse Furman says summary judgment with no trial is possible.
29. Judge Jesse Furman repeated that he's likely not to have last word on this issue, expecting appeals on whatever he rules. He also said he wants to move this case quickly along because the clock is ticking for the #2020census.
30. Outside Manhattan federal courthouse, Democratic @RepGraceMeng of NY & @thenyic’s Liz OuYang celebrate judge’s ruling with @NALEO, @NAACP, @cpc_nyc reps & other critics of #2020census citizenship question.
31. @NewYorkStateAG Barbara Underwood, whose office is leading cases at Manhattan fed court, calls judge’s ruling ordering release of more Commerce & Justice Dept docs on #2020census citizenship question & allowing depositions “a major win.” Full statement here👇
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