Department of Commerce v. United States House of Representatives, 525 U.S. 316, 19 (1999)

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334

DEPARTMENT OF COMMERCE v. UNITED STATES HOUSE OF REPRESENTATIVES

Opinion of the Court

Moreover, States use the population numbers generated by the federal decennial census for federal congressional redistricting. See Karcher v. Daggett, 462 U. S. 725, 738 (1983) ("[B]ecause the census count represents the 'best population data available,' . . . it is the only basis for good-faith attempts to achieve population equality" (citation omitted)). Thus, the appellees who live in the aforementioned counties have a strong claim that they will be injured by the Bureau's plan because their votes will be diluted vis-à-vis residents of counties with larger "undercount" rates. Neither of appellants' experts specifically contested Dr. Weber's conclusion that the nine counties were substantially likely to lose population if statistical sampling were used in the 2000 census. See Wetrogan Declaration 92-99; Thompson Declaration 100-110. The experts' general assertions regarding Dr. Weber's methodology and data are again insufficient to create a genuine issue of material fact. For the reasons discussed above, see supra, at 332-333 and this page, this expected intrastate vote dilution satisfies the injury-in-fact, causation, and redressibility requirements. Accordingly, appellees have again carried their burden under Rule 56 and have established standing to pursue this case.

III

We accordingly arrive at the dispute over the meaning of the relevant provisions of the Census Act. The District Court below examined the plain text and legislative history of the Act and concluded that the proposed use of statistical sampling to determine population for purposes of apportioning congressional seats among the States violates the Act. We agree.

law shall redistrict the Legislative Districts and Representative Districts"); Ill. Comp. Stat., ch. 55, § 2-3001c (1993) (providing that for purposes of reapportionment of county for election of county board, " '[p]opulation' means the number of inhabitants as determined by the last preceding federal decennial census").

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