Department of Commerce v. United States House of Representatives

119 S. Ct. 765 (1999) ; Clearinghouse Number: 52273

Description

Supreme Court Holds That Census Act Prohibits Use of Statistical Sampling in Census to Determine Population for Purposes of Congressional Apportionment

Abstract

The Supreme Court held that the Census Act prohibited the Census Bureau’s proposed uses of statistical sampling in the 2000 census to determine the population for congressional apportionment purposes. Appellant Census Bureau, which is part of the Department of Commerce, had announced plans to use two forms of statistical sampling in the 2000 decennial census to address a chronic and apparently growing problem of undercounting of some identifiable groups, including certain minorities, children, and renters. Appellee U.S. House of Representatives challenged the plan. Granting appellee’s motion for summary judgment, the district court held that the planned use of statistical sampling violated the Census Act, 13 U.S.C. §§ 1 et seq. The court of appeals affirmed. The Supreme Court held that appellee had satisfied the requirements of Article III standing in that a connection could be traced between the proposed use of statistical sampling in the decennial census and specific representatives’ likely loss of seats as a result of such sampling. Voters in nine counties were substantially likely to suffer intrastate vote dilution as a result of the Census Bureau’s plan. On the merits, the Court found that, although 13 U.S.C. § 195 required the Bureau to use sampling in assembling the myriad demographic data collected in the decennial census, it maintained the long-standing prohibition on such sampling in calculating the population for congressional apportionment.

Additional Information

Docket Date
1970-01-01 06:00:00+00:00

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