New York Daily News

Moving on citizenshi­p census quiz

- BY STEPHEN REX BROWN AND JULIANNA HERNANDEZ

A federal judge criticized the Department of Justice Tuesfor day trying “everything” to avoid a decision on a proposed question regarding citizenshi­p status on the 2020 census — before announcing he would likely rule in the coming weeks.

Judge Jesse Furman’s remarks came during closing arguments in Manhattan FedCourt eral over the controverq­uestion, sial which state Attorney General Barbara Underwood alleges is intended to lower census participat­ion rates and disproport­ionately harm left-leaning states.

Furman has previously slammed the Department of Justice for going to unusual lengths to delay the trial, which began Nov. 5. “You seem to have tried everything you could to avoid a decision on the merits in this case,” he said.

Underwood’s office is joined in the suit by a coalition of state attorneys general and advocacy groups. The Supreme Court will hear arguments in February on whether Furman can consider evidence beyond the official “administra­tive record” used by the Commerce Department and other agencies to implement the proposed question.

But the judge has said he will tailor his decision to accommodat­e the high court regardless of how it rules. Furman said he will write his decision “as soon as I can, hopefully in the next few weeks,” provided the Supreme Court does not intervene.

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