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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

U.K. PM orders inquiry into Muslim lawmaker's discrimination claim

British Prime Minister Boris Johnson in London, England, last week. Photo: Ian Vogler/Pool/AFP via Getty Images

Prime Minister Boris Johnson has ordered a Cabinet Office inquiry into allegations from a Member of Parliament in his ruling Conservative Party that she was fired from a ministerial job due to her Muslim faith, per the BBC.

Driving the news: Nusrat Ghani told the Sunday Times she was informed by a party whip that she was fired from her position as a junior transport minister in February 2020 after her "Muslimness was raised as an issue" and that it made her colleagues feel "uncomfortable."

Updated 3 hours ago - Politics & Policy

Virginia attorney general fires Jan. 6 investigator from university post

McIntire Amphitheater at the University of Virginia, Charlottesville, Virginia. Photo: Robert Knopes/UCG/Universal Images Group via Getty Images

The lead investigator for the Jan. 6 House select committee investigating the Capitol riot has been fired from his position as the University of Virginia's counsel by the state's new Republican attorney general, per the Washington Post.

Why it matters: Democrats say the removal of Tim Heaphy from his post after some three years while he's on leave from the university to investigate the insurrection is likely "retribution" for the House probe — an accusation strongly denied by the office of state Attorney General Jason Miyares (R).

5 hours ago - World

Taiwan's military scrambles jets after detecting 39 Chinese warplanes

J-20 stealth fighter jets in Zhuhai in the Guangdong Province of China last year. Photo: Chen Jimin/China News Service via Getty Images

Taiwan's defense force said 39 Chinese warplanes flew into its Air Defense Identification Zone (ADIZ) on Sunday.

Why it matters: The largest Chinese air force incursion into the zone since October came a day after the U.S. and Japanese navies conducted a joint exercise in the Philippine Sea.

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