18
Opinion of the Court
the Secretary to justify his decision not to adjust . . ."). As in Montana, where we could see no constitutional basis upon which to choose between absolute equality and relative equality, so here can we see no ground for preferring numerical accuracy to distributive accuracy, or for preferring gross accuracy to some particular measure of accuracy. The Constitution itself provides no real instruction on this point, and extrapolation from our intrastate districting cases is equally unhelpful. Quite simply, "[t]he polestar of equal representation does not provide sufficient guidance to allow us to discern a single constitutionally permissible course." Montana, supra, at 463.
In Montana, we held that Congress' "apparently good-faith choice of a method of apportionment of Representatives among the several States 'according to their respective Numbers' " was not subject to strict scrutiny under Wesberry. Montana, supra, at 464. With that conclusion in mind, it is difficult to see why or how Wesberry would apply to the Federal Government's conduct of the census—a context even further removed from intrastate districting than is congressional apportionment. Congress' conduct of the census, even more than its decision concerning apportionment, "commands far more deference than a state districting decision that is capable of being reviewed under a relatively rigid mathematical standard." 8 Montana, supra, at 464.
Rather than the standard adopted by the Court of Appeals, we think that it is the standard established by this
8 Nor do we think that strict scrutiny applies here for some other reason. Strict scrutiny of a classification affecting a protected class is properly invoked only where a plaintiff can show intentional discrimination by the Government. Washington v. Davis, 426 U. S. 229, 239-245 (1976). Respondents here have not argued that the Secretary's decision not to adjust was based upon an intent to discriminate on the basis of race. Indeed, in light of the Government's extraordinary efforts to include traditionally undercounted minorities in the 1990 census, see Pet. App. 78a, 321a-322a, we think that respondents here would have had a tough row to hoe had they set out to prove intentional discrimination by the Secretary.
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