A judge’s refusal to let the Justice Department swap out its team of lawyers in renewed wrangling over the Trump administration’s bid to add a citizenship question to the census was highly unusual, lawyers agree.
Former Justice Department attorneys and scholars say U.S. District Judge Jesse Furman’s July 9 order stood out because he ruled against the government, which routinely prevails in such requests.
It’s an utterly improper and abusive ruling that “manifests a lack of basic procedural fairness on the part of Judge Furman,” said appellate lawyer David Rivkin, who served in the Justice Department and the White House ...
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