BREAKING: A federal judge denies @CommerceGov's request to stay @SecretaryRoss's deposition in the #2020census case, pending their appeal to the Supreme Court.
Judge Furman calls the government's application "particularly frivolous - if not outrageous."
Scorching ruling.
Note: As the ruling states, the Second Circuit placed an administrative stay on Ross‘s deposition pending their review of that appeal. The government lost a recent appeal involving a DOJ official.
If they lose again, Judge Furman emphasizes, he won’t wait for SCOTUS to weigh in.
NEW: In back-to-back defeats, @CommerceGov loses bid to avoid a trial by resolving the lawsuit on summary judgment.
“The court remains firmly convinced that a trial will be necessary to resolve the claims of this case,” Furman wrote.
This ruling also has a procedural caveat.
This wasn’t a summary judgment motion, but a motion arguing that the case shouldn’t be resolved with a trial. The govt still can attempt to boot the case on summary judgment, a motion Furman previously indicated they would likely lose:
Upshot: The government’s avenues for preventing a trial and keeping Ross off the hot seat are rapidly narrowing.
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Second Circuit REJECTS petition to stay Wilbur Ross's deposition in the #2020Census case, but allows for a 48-hour stay for a SCOTUS appeal.
All eyes on Kavanaugh, who could spare a Trump cabinet member from the hot seat in a case affecting U.S. political power for a decade.
NOTE: A three-judge panel of bipartisan appointees - USCJ Walker (H.W. Bush), USCJ Lohier (Obama) and USDJ Pauley (Clinton) - unanimously rejected the stay the DOJ wanted in a summary order.
We'll learn w/in two days whether post-Kavanaugh SCOTUS divides along partisan lines.
This is an important one to watch.
* Depositions of presidential cabinet members are rare.
* Ross will face questions about false testimony to Congress about why he added the citizenship question. (Cited in "bad faith" quote here)
* Census apportions political power for 10 years
I hesitated about posting this tweet because it’s folks shouldn’t be flippant about these historical analogies.
But that also means not letting rhetoric and slogans like this pass without mention.
Either by ignorance, by design, or a combination of the two, Trump keeps echoing the darkest rhetoric and slogans of early 20th century - to the point where we’re collectively desensitized to them.
“America First.” “Enemy of the people.” And now, “1,000 years” rule.
Lead plaintiff, reporter J.B. Nicholas, has had some success with pro se lawsuits in the past.
An ex-researcher for star attorney Ron Kuby, Nicholas was behind a Second Circuit decision letting prisoners unionize and another on NYPD press creds. courthousenews.com/judge-holds-ny…
The motion to block today’s test of the presidential alert system was denied, and the test alert will be sent out this afternoon.
The UN report on North Korean crimes against humanity detailed hundreds of thousands “eliminated” in political prisoner camps, likened to those of early 20th century totalitarian regimes.
It’s easy to get inured to Trump’s bluster, but imagine he professed his love for Hitler.