Wisconsin v. City of New York, 517 U.S. 1, 3 (1996)

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Cite as: 517 U. S. 1 (1996)

Syllabus

his well-founded understanding of historical census practice and experience, an important consideration in this context. See, e. g., Montana, supra, at 465. Respondents misplace their reliance on statistical adjustments that were used in the 1970 and 1980 censuses, since those adjustments were of an entirely different type than the one at issue and took place on a dramatically smaller scale, and since a PES-based adjustment would have been the first time in history that the States' apportionment was based upon counts in other States. Third, respondents' contention that this Court should review de novo the Secretary's conclusions on this point fundamentally misapprehends the basis for deference to his determination, which arises not from the highly technical nature of his decision, but from the wide discretion bestowed by the Constitution upon Congress, and by Congress upon him. The Secretary's conclusion that the PES-based adjustment would not improve distributive accuracy, which was based on his review of extensive research and the recommendations of some of his advisers, was a reasonable choice in an area where technical experts disagree. Pp. 20-24. 34 F. 3d 1114, reversed.

Rehnquist, C. J., delivered the opinion for a unanimous Court.

Solicitor General Days argued the cause for the federal petitioners. With him on the briefs were Assistant Attorney General Hunger, Deputy Solicitor General Kneedler, Malcolm L. Stewart, and Mark B. Stern. James E. Doyle, Attorney General of Wisconsin, argued the cause for petitioners in No. 94-1614 and No. 94-1631. With him on the brief for petitioner in No. 94-1614 was Peter C. Anderson, Assistant Attorney General. Don G. Holladay and Shelia D. Tims filed briefs for petitioner in No. 94-1631.

Robert S. Rifkind argued the cause for respondents in all

cases. With him on the brief were Paul A. Crotty, Lorna B. Goodman, Peter L. Zimroth, Dennis C. Vacco, Attorney General of New York, Victoria Graffeo, Solicitor General, Barbara Billet, Deputy Solicitor General, and Lula Anderson, Assistant Attorney General, James K. Hahn, Susan S. Sher, Benna Ruth Solomon, Robert A. Ginsburg, Helen M. Gros, Dennis Hayes, Frank Shafroth, Dan Morales, Attorney General of Texas, and Javier P. Guajardo, Special Assistant Attorney General, Robert A. Butterworth, Attorney

3

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: October 4, 2007