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Opinion of the Court
Justice O'Connor delivered the opinion of the Court, except as to Part III-B.
The Census Bureau (Bureau) has announced a plan to use two forms of statistical sampling in the 2000 Decennial Census to address a chronic and apparently growing problem of "undercounting" certain identifiable groups of individuals. Two sets of plaintiffs filed separate suits challenging the legality and constitutionality of the Bureau's plan. Convened as three-judge courts, the District Court for the Eastern District of Virginia and the District Court for the District of Columbia each held that the Bureau's plan for the 2000 census violates the Census Act, 13 U. S. C. § 1 et seq., and both courts permanently enjoined the Bureau's planned use of statistical sampling to determine the population for purposes of congressional apportionment. 19 F. Supp. 2d 543 (ED Va. 1998); 11 F. Supp. 2d 76 (DC 1998). We noted probable jurisdiction in both cases, 524 U. S. 978 (1998); 525 U. S. 924 (1998), and consolidated the cases for oral argument, 525
rien; for Jerome Gray et al. by Barbara R. Arnwine, Thomas J. Henderson, and Edward Still.
Donald Dinan filed a brief for the District of Columbia State Democratic Committee urging reversal in No. 98-564.
Briefs of amici curiae urging affirmance in No. 98-404 were filed for the State of Wisconsin et al. by James E. Doyle, Attorney General of Wisconsin, and Peter C. Anderson, Assistant Attorney General, Mike Fisher, Attorney General of Pennsylvania, and Calvin R. Coons, Senior Deputy Attorney General; and for the Washington Legal Foundation et al. by Daniel J. Popeo and Richard A. Samp.
Briefs of amici curiae urging affirmance in No. 98-564 were filed for the City of Omaha by Paul D. Kratz; and for the Landmark Legal Foundation by Richard P. Hutchison.
William J. Olson, John S. Miles, and John F. Callender, Jr., filed a brief for the National Citizens Legal Network et al. as amici curiae urging affirmance in both cases.
Briefs of amici curiae were filed in No. 98-404 for the Foundation to Preserve the Integrity of the Census by James B. Hamlin; and for the National Republican Legislators Association et al. by E. Mark Braden and Clark Bensen.
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