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Syllabus
lating the population for congressional apportionment. Absent any historical context, the "except/shall" sentence structure in the amended § 195 might reasonably be read as either permissive or prohibitive. However, the section's interpretation depends primarily on the broader context in which that structure appears. Here, that context is provided by over 200 years during which federal census statutes have uniformly prohibited using statistical sampling for congressional apportionment. The Executive Branch accepted, and even advocated, this interpretation of the Census Act until 1994. Pp. 334-343.
3. Because the Court concludes that the Census Act prohibits the proposed uses of statistical sampling in calculating the population for purposes of apportionment, the Court need not reach the constitutional question presented. See, e. g., Spector Motor Service, Inc. v. McLaughlin, 323 U. S. 101, 105. The Court's affirmance of the judgment in No. 98-564 also resolves the substantive issues presented in No. 98-404, therefore that case no longer presents a substantial federal question and the appeal therein is dismissed. Cf. Sanks v. Georgia, 401 U. S. 144, 145. Pp. 343-344.
No. 98-404, 11 F. Supp. 2d 76, appeal dismissed; No. 98-564, 19 F. Supp.
2d 543, affirmed.
OTMConnor, J., delivered the opinion of the Court with respect to Parts I, III-A, and IV, in which Rehnquist, C. J., and Scalia, Kennedy, and Thomas, JJ., joined, the opinion of the Court with respect to Part II, in which Rehnquist, C. J., and Scalia, Kennedy, Thomas, and Breyer, JJ., joined, and an opinion with respect to Part III-B, in which Rehnquist, C. J., and Kennedy, J., joined. Scalia, J., filed an opinion concurring in part, in which Thomas, J., joined, and in which Rehnquist, C. J., and Kennedy, J., joined as to Part II, post, p. 344. Breyer, J., filed an opinion concurring in part and dissenting in part, post, p. 349. Stevens, J., filed a dissenting opinion, in which Souter and Ginsburg, JJ., joined as to Parts I and II, and in which Breyer, J., joined as to Parts II and III, post, p. 357. Ginsburg, J., filed a dissenting opinion, in which Souter, J., joined, post, p. 365.
Solicitor General Waxman argued the cause for appellants in both cases. With him on the briefs were Assistant Attorney General Hunger, Deputy Solicitor General Kneed-ler, Malcolm L. Stewart, and Mark B. Stern. Joseph Remcho, Kathleen J. Purcell, and James C. Harrison filed briefs for the California Legislature et al. as appellees under this Court's Rule 18.2. Brian S. Currey, Richard M. Jones,
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