An appeals court has sided with a federal judge’s order that Commerce Secretary Wilbur Ross should be deposed over his role in adding a citizenship question to the 2020 census. The addition of the question has caused widespread condemnation by immigrant rights advocates, who say it will deter immigrants from participating in the census, and could help Republicans win more congressional seats.

Last month, Mother Jones reported that Wilbur Ross lied under oath to Congress about the citizenship question, telling lawmakers that the Justice Department requested the addition of the question. But surfaced emails contradict that statement, showing that Ross was the one who approached the DOJ about including the question after consulting with senior White House officials. The Trump administration recently requested that the Supreme Court block Ross from being deposed. Ross now has until Thursday to ask the Supreme Court directly to halt his deposition.