In an opinion today, Judge Furman granted a motion for sanctions against the Department of Justice for failing to review and produce hundreds of relevant documents in the litigation over when a citizenship question could be included in the 2020 Census (see our previous coverage here). The case centered on whether the inclusion of the citizenship question was a proper exercise of executive authority. The withheld documents provided evidence that the question was included to assist in political redistricting efforts, and that the stated justification (that the question was added to help enforce the Voting Rights Act) was pretextual.
While Judge Furman agreed that the conduct was sanctionable, he noted that the most appropriate remedy – judgment in favor of the plaintiffs – had already occurred:
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