Department of Commerce v. United States House of Representatives, 525 U.S. 316, 2 (1999)

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Cite as: 525 U. S. 316 (1999)

Syllabus

National Wildlife Federation, 497 U. S. 871, 884. The present controversy is justiciable because several of the appellees have met their burden of proof regarding their standing to bring this suit. In support of their summary judgment motion, appellees submitted an affidavit that demonstrates that it is a virtual certainty that Indiana, where appellee Hofmeister resides, will lose a House seat under the proposed census 2000 plan. That loss undoubtedly satisfies the injury-in-fact requirement for standing, since Indiana residents' votes will be diluted by the loss of a Representative. See, e. g., Baker v. Carr, 369 U. S. 186, 208. Hofmeister also meets the second and third standing requirements: There is undoubtedly a "traceable" connection between the use of sampling in the decennial census and Indiana's expected loss of a Representative, and there is a substantial likelihood that the requested relief—a permanent injunction against the proposed uses of sampling in the census—will redress the alleged injury. Appellees have also established standing on the basis of the expected effects of the use of sampling in the 2000 census on intrastate redistricting. Appellees have demonstrated that voters in nine counties, including several of the appellees, are substantially likely to suffer intrastate vote dilution as a result of the Bureau's plan. Several of the States in which the counties are located require use of federal decennial census population numbers for their state legislative redistricting, and States use the population numbers generated by the federal decennial census for federal congressional redistricting. Appellees living in the nine counties therefore have a strong claim that they will be injured because their votes will be diluted vis-à-vis residents of counties with larger undercount rates. The expected intrastate vote dilution satisfies the injury-in-fact, causation, and redressibility requirements. Pp. 328-334.

2. The Census Act prohibits the proposed uses of statistical sampling to determine the population for congressional apportionment purposes. In 1976, the provisions here at issue took their present form. Congress revised 13 U. S. C. § 141(a), which authorizes the Secretary to "take a decennial census . . . in such form and content as he may determine, including the use of sampling procedures." This broad grant of authority is informed, however, by the narrower and more specific § 195. See Green v. Bock Laundry Machine Co., 490 U. S. 504, 524. As amended in 1976, § 195 provides: "Except for the determination of population for purposes of [congressional] apportionment . . . , the Secretary shall, if he considers it feasible, authorize the use of . . . statistical . . . 'sampling' in carrying out the provisions of this title." Section 195 requires the Secretary to use sampling in assembling the myriad demographic data that are collected in connection with the decennial census, but it maintains the longstanding prohibition on the use of such sampling in calcu-

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