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The case, in which a number of states and civil rights organizations allege a political motive in Commerce Secretary Wilbur Ross's decision to reinstate the issue in the census, has been the subject of unsuccessful postponement attempts by the Trump administration. On Friday, Courts Judge Jesse M. Furman District Judge Jesse Furman in Manhattan Federal Court.
The plaintiffs, who are led by the New York attorney general's office, argue that Ross's reason for adding the question, which has not been asked of all of the census cases since 1950, was to deter immigrants from participating. Because undercounting of immigrant populations could negatively impact their representation.
Last March, when Ross announced the reinstatement of the question, which asked of the US citizens, he said the Justice Department had asked for the change in the law because it would be useful for the enforcement of the Voting Rights Act. Ross said at the time that the question could affect response rates.
The Supreme Court had previously taken the pleadings of Ross's deposition, but said the deposition of other officials can take place.
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