The U.S.D.C. for the S.D.N.Y (per Furman, J.) has ordered that Sec. of Commerce Wilbur Ross be deposed in an action brought by New York State challenging Ross’ decision to reinstate a question concerning citizenship status on the 2020 census questionnaire.
Applying well-established principles to the unusual facts of these cases, the Court concludes that the question is not a close one: Secretary Ross must sit for a deposition because, among other things, his intent and credibility are directly at issue in these cases.