On Friday, the Supreme Court, as expected, granted certiorari in the challenge pending before Judge Furman over the addition of a citizenship question to the census.  The question presented concerns whether it is appropriate to order discovery outside the administrative record (such as the deposition Judge Furman had earlier ordered of Commerce Secretary Wilbur Ross).

Judge Furman recently completed a bench trial in the case.  The Government this morning asked Judge Furman to halt all further proceedings, but recognized that Judge Furman already indicated he “intends to differentiate findings of law and fact that are based solely on the administrative record and those that are based on extra-record evidence.”   In response, Judge Furman issued a text-only order asking the plaintiffs to file a letter with their position by tomorrow.

Our posts on the case are here.