Department of Commerce v. United States House of Representatives, 525 U.S. 316, 50 (1999)

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

Ginsburg, J., dissenting

gressional delegation. See Powell v. McCormack, 395 U. S. 486, 548 (1969) ("Unquestionably, Congress has an interest in preserving its institutional integrity"). As the District Court in No. 98-404 correctly held, the House has a concrete and particularized "institutional interest in preventing its unlawful composition" that satisfies the injury in fact requirement of Article III. 11 F. Supp. 2d 76, 86 (DC 1998). Accordingly, I respectfully dissent in both cases. I would reverse both judgments on the merits.

Justice Ginsburg, with whom Justice Souter joins, dissenting.

I agree with the Court that Indiana resident Hofmeister, an appellee in No. 98-564, has standing to challenge the Census 2000 plan on the ground that Indiana would lose a Representative in Congress under the Census Bureau's proposed sampling plan. I also agree with the Court's conclusion that the appeal in No. 98-404 should be dismissed. I would not decide whether other appellees in No. 98-564 have established standing on the basis of the expected effects of the sampling plan on intrastate redistricting. Respecting the merits, I join Parts I and II of Justice Stevens' dissent.

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