The Trump administration is making a new legal argument—that the federal courts lack jurisdiction to evaluate the propriety of Commerce Department actions—in the days leading up to a decision in the New York attorney general’s bid to stop it from asking all U.S. Census respondents to state their citizenship status.

Attorneys with the U.S. Department of Justice said in a posttrial brief filed this week that U.S. Commerce Secretary Wilbur Ross acted appropriately within a section of federal law outlining reporting requirements for changes to the census, and that even if he did not, the federal court is not in a position to review his actions.