Justice Ruth Bader Ginsburg rejected a request on Friday from the Department of Justice (DOJ) asking to temporarily block the order requiring the Commerce Secretary Wilbur Ross along with another official to go through a deposition in lawsuits that are challenging their decision to add the citizenship question to the upcoming 2020 census.
The DOJ has asked the US 2nd Circuit Court of Appeals if they could quash Ross’s deposition. Justice Ginsburg is allowing that request, scheduled for review on Oct. 9, to finish playing out first.
“The application is denied without prejudice, provided that the Court of Appeals will afford sufficient time for either party to seek relief in this court before the depositions in question are taken,” said the court’s public information office.
But with his request to Ginsburg earlier in the week, Solicitor General Noel Francisco claimed there will be almost no time for parties and the US Supreme Court to act prior to Ross’s Oct. 11 deposition should the 2nd Circuit Court deny their request.
The appeals court already denied a request for John Gore, acting assistant attorney general for the DOJ’s Civil Rights Division, to be immune from being deposed.
The ruling that the DOJ is appealing is from the U.S. District Court of the Southern District for New York in two lawsuits which have been challenging the loaded citizenship question.
The lawsuits claim that a citizenship question in the census would strongly deter immigrants from replying to the census, consequently decreasing the federal funding to Democratic states.
Dale Ho, who is an attorney with the ACLU, which is representing immigrants’ rights groups that are challenging the rule, brilliantly trolled the administration via Twitter after Ginsburg’s decision got announced.
“Not tired of winning yet,” Ho tweeted.