Well it's possible that the good guys gave that argument to the Judge and it stuck? Either way they're going to have to find some other creative way to get that question on the census.
I was watching someone the other day that suggested that since it was already being printed, Trumpty could sign an executive order to attach a post -it-note with the question.
Wisdom is learning from the mistakes of others. Intelligence is learning from your own mistakes. A fool learns neither from the mistakes of others, nor his own mistakes.