Only citizens have the right to representation in congress.
Washington (CNN)The US Supreme Court said on Friday that it will take up a case related to the decision to include a question about citizenship on the next census.
The justices will review whether challengers can introduce evidence outside of the official record, beyond what the government based its decision on, including the testimony of a senior Justice Department official.
A key issue in the case is whether challengers can depose Commerce Secretary Wilbur Ross, who has jurisdiction over the census.
The court last month temporarily blocked Ross from having to face a deposition on the issue, which was seen as a partial win for the Trump administration.The administration argued that such a deposition of a Cabinet official is “rarely, if ever justified.” However, at the time the court allowed the deposition of acting Assistant Attorney General John M. Gore of the Civil Rights Division, as well as other discovery, to proceed.
Oral arguments before the Supreme Court are set for February. The timing is unusual because a lower court is still considering the case in New York.
Challengers in the case include a coalition of states and the American Civil Liberties Union. They want to press Ross on his rationale for adding the question, as they believe it was included to reduce the representation of immigrant populations.