SUPREME COURT OF THE UNITED STATES
OCTOBER TERM, 1995
certiorari to the united states court of appeals for the second circuit
No. 94-1614. Argued January 10, 1996—Decided March 20, 1996*
The Constitution's Census Clause vests Congress with the responsibility to conduct an "actual Enumeration" of the American public every 10 years, with the primary purpose of providing a basis for apportioning congressional representation among the States. That responsibility has been delegated to the Secretary of Commerce, who determined that an "actual Enumeration" would best be achieved in the 1990 census by not using a postenumeration survey (PES) statistical adjustment designed to correct an undercount in the initial enumeration. In this action brought by several of the respondents and others, the District Court concluded that the Secretary's decision not to statistically adjust the census violated neither the Constitution nor federal law. In reversing and remanding, the Court of Appeals looked to a line of precedent involving judicial review of intrastate districting decisions, see Wes-berry v. Sanders, 376 U. S. 1, and its progeny, and held, inter alia, that a heightened standard of review was required here because the Secretary's decision impacted the fundamental right to have one's vote counted and had a disproportionate impact upon certain identifiable minority racial groups.
*Together with No. 94-1631, Oklahoma v. City of New York et al., and No. 94-1985, Department of Commerce et al. v. City of New York et al., also on certiorari to the same court.
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