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Demonstrators protest the citizenship question at the Supreme Court in April. Photo: Mandel Ngan/AFP/Getty Images

President Trump is considering an executive order to try to move forward with a citizenship question on the 2020 census, top sources tell Jonathan Swan and me.

  • "We didn’t come this far just to throw in the towel," said a senior administration official with direct knowledge of the conversations.

Administration lawyers are exploring various legal options.

  • A senior legal source said: "The administration is considering the appropriateness of an executive order that would address the constitutional need for the citizenship question to be included in the 2020 census."
  • But there is considerable skepticism within the administration that an executive order would succeed.

Why it matters: Trump's insistence on pushing ahead with the question, potentially without doing the legwork the Supreme Court called for, reflects his expansive view of executive power.

  • A source familiar with some of the administration's internal deliberations said: "I think that there’s a good argument to be made that even though the president may lose in litigation at the end of the day, going through that process ultimately makes it clear that it’s the chief justice, and not the Executive Branch, that bears responsibility for that unfortunate outcome."

Former federal judge J. Michael Luttig, who has longtime ties to officials in the administration, told Axios:

  • "If the president of the United States were to issue an executive order, supported by his full Article II powers, directing that the citizenship question be included in the 2020 census, I believe the Supreme Court would affirm the constitutional power of the president to include the citizenship question in the census.”

How we got here: The Supreme Court voted last week to block a census question that asks: "Is this person a citizen of the United States?"

  • But it gave the administration an opening to try again, if it could come up with a more persuasive argument about why it was adding the question.
  • Trump administration officials, including Commerce Secretary Wilbur Ross, said Tuesday they would go ahead with the 2020 census without including the citizenship question.
  • But Trump threw some of his own senior administration officials into confusion on Wednesday morning by tweeting that it was “fake” news that the Commerce Department was dropping its quest to include the citizenship question.
  • In the hours following the president’s tweet, administration lawyers scrambled to figure out alternatives.
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Go deeper

University of Michigan reaches $490M settlement in sex abuse case

Jon Vaughn, a former University of Michigan and NFL football player, speaks at a press conference in Ann Arbor, Mich., in June 2021. Photo: Bill Pugliano/Getty Images

The University of Michigan on Wednesday reached a $490 million settlement with over a thousand survivors who allege that they were sexually assaulted by a former physician in the school's athletic department.

Driving the news: "It's been a long and challenging journey and these survivors have refused to remain silent," attorney Parker Stinar said Wednesday.

3 hours ago - Technology

3D printing's next act: big metal objects

Chief Scientist Andy Bayramian makes modifications to the laser system on Seurat's 3D metal printer. Photo courtesy of Seurat Technologies.

A new metal 3D printing technology could revolutionize the way large industrial products like planes and cars are made, reducing the cost and carbon footprint of mass manufacturing.

Why it matters: 3D printing — also called additive manufacturing — has been used since the 1980s to make small plastic parts and prototypes. Metal printing is newer, and the challenge has been figuring out how to make things like large car parts faster and cheaper than traditional methods.

Rising rates may hammer the stock market

Illustration: Sarah Grillo / Axios

Stocks are much more vulnerable to interest rate swings than they used to be.

Why it matters: A sharp rise in rates in early 2022 is the key reason the stock market is off to an ugly start. And with the Federal Reserve making noise about trying to keep inflation in check, rates could go higher.

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