New York Attorney General Barbara Underwood's lawsuit against the Trump administration over a question about citizenship on the 2020 U.S. census will go to trial next month, according to an order issued Sunday by a federal judge.

The order, signed by Judge Jesse Furman of the U.S. District Court for the Southern District of New York, allows discovery to proceed over objections from the federal government.

Furman said in the order that he was unconvinced by arguments advanced by lawyers for the Trump administration that the litigation should be resolved at the summary judgment stage. He said there are facts in dispute that need to be resolved at trial.

“Given the foregoing, the Court believes that it would be far more efficient—and more consistent with Defendants' own interest in a speedy resolution of the claims in this case—to proceed directly to trial and that Defendants would be far better off devoting their time and resources to preparing their pre-trial materials than to preparing summary judgment papers,” Furman wrote.

The Trump administration still has the option of filing a motion for summary judgment later this month, before trial begins.

His order on Sunday came after attorneys for the U.S. Department of Justice opposed going to trial during a court appearance last month. Furman gave them an opportunity to file a brief explaining why the case should be decided on summary judgment, while Underwood's office advocated for a trial. Furman sided with the latter.

Furman also denied a request from the Trump administration to stay all discovery in the lawsuit, including a deposition of Commerce Secretary Wilbur Ross, who Underwood's office is scheduled to depose next week. They suspect his testimony will help get to the heart of how and when his agency decided they would ask about an individual's immigration status on the next census.

The Department of Commerce declined to comment on either decision. A spokeswoman for Underwood said the case will move forward as planned.

“We welcome the decision and look forward to continuing to move our case forward to ensure a full and fair census,” said Amy Spitalnick, spokeswoman for Underwood.

Lawyers for the Trump administration had asked Furman late Friday to pause discovery while they ask the Supreme Court to review a decision by the Second Circuit denying their petition for a writ of mandamus. They were asking the appeals court to review a July decision from Furman that allowed extra-record discovery in the case. The Second Circuit denied their petition last week.

Furman had strong words for the Trump administration in his decision late Sunday, calling their request to stay all discovery “outrageous.”

“To the extent that Defendants request a stay of all discovery, their application is particularly frivolous—if not outrageous—given their inexplicable (and still unexplained) two-month delay in seeking that relief,” Furman wrote.

He was referencing the administration's first request to stay all discovery at the end of August—two months after it began in early July. He denied that request and said Sunday that the new demand was “even more far-fetched now than it was when first requested.”

“The application—which does not even bother to recite the requirements for a stay, let alone attempt to show that those requirements have been met—is hard to understand as anything more than a pro forma boxchecking exercise for purposes of seeking relief in the Supreme Court,” Furman wrote.

Beyond his rejection that the Trump administration will suffer irreparable harm, Furman also said he wasn't going to approve a stay when there are only nine scheduled business left before discovery ends in the case on Oct. 12. He said he “will not look kindly on any delay” in discovery unless a higher court permits it.

Furman has set a trial date for Nov. 5 in the lawsuit, which Underwood's office is leading with attorneys general from 17 other states.

They have argued that asking about a person's immigration status could suppress turnout in the census in states with a large number of immigrants, like New York. A lower turnout could reduce the number of representatives in Congress and the Electoral College that those states are allowed. It could also reduce the amount of federal funding those states receive in areas like education of health care, the attorneys general said.

Senior Trial Counsel Elena Goldstein and Executive Deputy Attorney General Matthew Colangelo are leading the case for New York. Kate Bailey is the lead attorney for the Trump administration.

The parties are scheduled to hold a status conference in the case on Oct. 17, two days before the deadline for the Trump administration to file for summary judgment.

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