A federal appeals court decided on Tuesday that U.S. Commerce Secretary Wilbur Ross must be deposed this week in a lawsuit over his agency’s decision to ask about citizenship on the 2020 U.S. Census unless the Supreme Court rules otherwise.

The Trump administration now has the opportunity to ask the high court to review a decision by U.S. District Judge Jesse Furman of the Southern District of New York in September that allowed Ross to be deposed in the lawsuit.