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Oct 1, 2018

Primer: Will Wilbur Ross Be Deposed Over A Census Citizenship Question?

With a trial over the Census citizenship question perhaps just a month away, there has been a flurry of activity in the last week over whether Commerce Secretary Wilbur Ross will have to sit for a deposition. Ross lobbied for the citizenship question, which stands to chill immigrant participation in the Census, despite the warnings from career experts at the Census Bureau about the risk of an undercount. He later claimed, falsely, in congressional testimony that the request for the question originated with the Department of Justice. If the Trump administration is unsuccessful in blocking a Ross deposition, it will happen on October 11, just before discovery in the case is set to be completed. Observers see an appeals court ruling ordering that a top DOJ official, Acting Assistant Attorney General John Gore, be deposed in the case as a sign that the appeals court would also uphold a lower court’s decision ordering Ross’ deposition. So the Trump administration has signaled…

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