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Voting Rights
weekly primer
Jan 28, 2019

Voting Rights: The Trump Administration’s Extraordinary Step To Protect Its Census Citizenship Question

The Trump administration is asking the Supreme Court to take up for review, before an appeals court has the chance to weigh in, a legal case challenging its census citizenship question. Should the Court agree, it would be an extraordinary step. Cases usually work their way from the district court to an appeals court before being appealed up to the Supreme Court, but the Trump administration, in both this and other proceedings, has aggressively sought Supreme Court interventions earlier in the process. In this case, the DOJ is arguing that the June deadline for printing the census forms makes an expedited SCOTUS review appropriate. The Supreme Court previously had scheduled a hearing for next month on a discovery dispute in the case, but then removed that hearing from its schedule when the district court judge handed down a ruling, striking down the question, that did not depend on the disputed evidence. Regardless of whether it takes up the dispute over…

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