BREAKING: DOJ Says It’s Been ‘Instructed’ To Try To Get Citizenship Question Back On Census

US President Donald Trump waves leaves 10 Downing Street to make his way to the Foreign and Commonwealth office for a press conference in London on June 4, 2019, on the second day of his three-day State Visit to the ... US President Donald Trump waves leaves 10 Downing Street to make his way to the Foreign and Commonwealth office for a press conference in London on June 4, 2019, on the second day of his three-day State Visit to the UK. - US President Donald Trump turns from pomp and ceremony to politics and business on Tuesday as he meets Prime Minister Theresa May on the second day of a state visit expected to be accompanied by mass protests. (Photo by Daniel LEAL-OLIVAS / AFP) (Photo credit should read DANIEL LEAL-OLIVAS/AFP/Getty Images) MORE LESS

The Justice Department told a federal judge on Wednesday that it had been “instructed” to try to find a way to get the citizenship question back on the 2020 census, after the Supreme Court blocked its previous effort to do so last month.

The update came after President Trump tweeted Wednesday that previous government statements that the administration was backing down from its census citizenship fight were incorrect. U.S. District Judge George Hazel convened a teleconference hearing on Wednesday as confusion swirled around the issue. Both the Justice Department and the Commerce Department had said on Tuesday that the forms had been sent off to printers without the question on it.

Jody Hunt, a top DOJ official, told the judge that the administration believed there may be a “legally available” path to getting the question re-added while still complying with the Supreme Court’s ruling, according to a transcript of the hearing obtained by TPM (see below).

Hunt said the plan, if the government goes down that route, is to go directly to the Supreme Court to get instructions on how to streamline future proceedings over its efforts to re-add the question.

A couple of hours after the hearing, the Justice Department filed an update (see below) in a separate census case in New York reaffirming that the administration had reversed course and was looking for a way to add the citizenship question.

“In the event that the Commerce Department adopts a new rationale for including the citizenship question on the 2020 Decennial Census consistent with the decision of the Supreme Court, the Government will immediately notify this Court,” the DOJ filing said.

 

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