Supreme Court To Weigh In On Dispute Over Census Citizenship Question Evidence

The U.S. Supreme Court has agreed to hear oral arguments in a dispute over evidence for the census citizenship question lawsuits. After the Trump administration added a controversial question about U.S. citizenship status to the 2020 census, more than two dozen states and cities, plus other groups, sued to get it removed. The high court will weigh whether Commerce Secretary Wilbur Ross can be deposed and what other evidence can be considered.

A hearing over these issues is scheduled to be held on Feb. 19, according to an order released Friday. The high court's decision adds another wrinkle to a legal battle that has complicated preparations for the constitutionally mandated head count of every person living in the U.S.

The question — which asks, "Is this person a citizen of the United States?" — was added to the census in March by Ross, who oversees the Census Bureau.

Ross has said the Justice Department wants the question to better enforce part of the Voting Rights Act, but critics of the question are concerned that asking about citizenship will discourage households with noncitizens from taking part in the census and jeopardize the accuracy of the information collected.

The evidence dispute stems from lower court orders for the two lead lawsuits in New York. In July, U.S. District Judge Jesse Furman forced the Trump administration to release additional internal documents about Ross' decision beyond the record of emails and memos initially filed with the courts. Furman also allowed plaintiffs' attorneys to depose senior officials at the Census Bureau and Commerce Department. After pushback from the administration's attorneys, the judge ordered Ross to sit for questioning under oath, noting that the commerce secretary's "intent and credibility are directly at issue in these cases."