[EL] SCOTUS will hear census case

[Marty Lederman]

I'll ask what I asked on Twitter -- no one yet has had any explanation:

What's the point of what the Court just did on the census case? In the
meantime, Judge Furman will simply complete the trial and issue a ruling
that, at least in part, won't depend on the "external" evidence.

So is the SCOTUS going to require briefing as if that trial isn't occurring
simultaneously?  And then issue an "evidentiary" decision in April about
how a completed trial should have been conducted or about what evidence
Judge Furman should not have considered?  Does the Court expect (sub
silentio) that the parties will be supplementing the SCOTUS record, and
their briefs, with whatever happens in the meantime in the district court?

I must be missing something . . .



On Fri, Nov 16, 2018 at 3:02 PM, Rick Hasen <rhasen at law.uci.edu> wrote:

> “Supreme Court Will Hear Fast-Track Arguments in Census Case”
> <https://electionlawblog.org/?p=102344>
>
> Posted on November 16, 2018 12:00 pm
> <https://electionlawblog.org/?p=102344> by *Rick Hasen*
> <https://electionlawblog.org/?author=3>
>
> Bloomberg:
> <https://www.bloomberg.com/news/articles/2018-11-16/supreme-court-will-hear-fast-track-arguments-in-census-case>
>
> *The Supreme Court agreed to hear arguments early next year on lawsuits
> challenging the addition of a question about citizenship to the 2020
> census, acting with unusual speed in a politically charged case.*
>
> *The justices will consider the Trump administration’s bid to limit the
> evidence that can be used in the challenge, which has been the subject of a
> trial in federal court in New York. The court will hear arguments Feb. 19.*
>
> Court order:
> <https://www.supremecourt.gov/orders/courtorders/111618zr_daei.pdf>
>
> *18-557 IN RE DEPARTMENT OF COMMERCE, ET AL. The petition for a writ of
> mandamus is treated as a petition for a writ of certiorari. The petition
> for certiorari is granted. Petitioners’ brief on the merits is to be filed
> on or before Monday, December 17, 2018. Respondents’ brief on the merits is
> to be filed on or before Thursday, January 17, 2019. The reply brief is to
> be filed on or before Monday, February 4, 2019. The case is set for oral
> argument on Tuesday, February 19, 2019.*
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D102344&title=%E2%80%9CSupreme%20Court%20Will%20Hear%20Fast-Track%20Arguments%20in%20Census%20Case%E2%80%9D>
>
> Posted in Uncategorized <https://electionlawblog.org/?cat=1>
>
>
>
>
>
> --
>
> Rick Hasen
>
> Chancellor's Professor of Law and Political Science
>
> UC Irvine School of Law
>
> 401 E. Peltason Dr., Suite 1000
> <https://maps.google.com/?q=401+E.+Peltason+Dr.,+Suite+1000+%0D%0A+Irvine,+CA+92697&entry=gmail&source=g>
>
> Irvine, CA 92697
> <https://maps.google.com/?q=401+E.+Peltason+Dr.,+Suite+1000+%0D%0A+Irvine,+CA+92697&entry=gmail&source=g>
> -8000
>
> 949.824.3072 - office
>
> rhasen at law.uci.edu
>
> http://www.law.uci.edu/faculty/full-time/hasen/
>
> http://electionlawblog.org
>
> [image: signature_75721704]
>
>
>
>
>
> _______________________________________________
> Law-election mailing list
> Law-election at department-lists.uci.edu
> https://department-lists.uci.edu/mailman/listinfo/law-election
>



-- 
Marty Lederman
Georgetown University Law Center
600 New Jersey Avenue, NW
Washington, DC 20001
202-662-9937
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20181116/c8582ae7/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 2021 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20181116/c8582ae7/attachment.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 92163 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20181116/c8582ae7/attachment-0001.png>