SCOTUS punts on Ross deposition fight, for now
By JOSH GERSTEIN 10/05/2018 02:59 PM EDT
The Supreme Court is passing up, for now, the Trump administrations request to block Commerce Secretary Wilbur Ross from having to give testimony in lawsuits challenging the addition of a question on citizenship to the 2020 U.S. Census.
Justice Ruth Bader Ginsburg issued an order Friday turning down an emergency stay application the Justice Department submitted Wednesday in a bid to head off depositions of Ross and Justices top civil rights official, acting Assistant Attorney General John Gore.
Ginsburgs language suggested the court would reconsider the issue once the government exhausted challenges it has brought at the 2nd Circuit Court of Appeals, attempting to halt the depositions ordered by a federal district court judge in Manhattan.
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, the order said.
The impact of Ginsburgs directive was somewhat confusing. While the 2nd Circuit has put Ross planned Oct. 11 deposition on hold, with a three-judge panel set to take up the issue on Tuesday, Gores deposition remains scheduled for Oct. 10. The Justice Departments request to the 2nd Circuit to block that testimony was already rejected by that court early last week.
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https://www.politico.com/blogs/under-the-radar/2018/10/05/scotus-punts-wilbur-ross-deposition-fight-875935