The Trump administration may not delay the deposition of a key Department of Justice official pending review by the Supreme Court of a July decision in New York Attorney General Barbara Underwood’s lawsuit over a question about citizenship on the 2020 U.S. Census, the U.S. Court of Appeals for the Second Circuit decided Tuesday.

John Gore, the acting assistant attorney general for the DOJ’s Civil Rights Division, will be deposed while the Trump administration waits for the Supreme Court to review its petition for a writ of mandamus previously denied by the Second Circuit.

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