Cite as: 536 U. S. 452 (2002)
Opinion of O'Connor, J.
The majority also notes the possibility of Chevron deference with respect to the scope of the term "sampling." Ante, at 472 (citing Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837, 842-845 (1984)). But the majority ultimately does not rely on this form of deference, ante, at 472, nor does it indicate where the Bureau has provided an interpretation of § 195 that would have the "force of law" on this issue. See Christensen v. Harris County, 529 U. S. 576, 587 (2000) (explaining that agency "[i]nterpretations . . . which lack the force of law . . . do not warrant Chevron-style deference"). Additionally, based on the reasons provided by Justice Thomas' partial dissent, I would find that the Bureau's use of imputation to calculate state population totals for apportionment purposes at least raises a difficult constitutional question. This provides a basis to construe § 195 as precluding imputation, regardless of whether the Bureau is entitled to any form of deference. See Edward J. DeBartolo Corp. v. Florida Gulf Coast Building & Constr. Trades Council, 485 U. S. 568, 574-575 (1988).
The majority downplays the idea that imputation could be used to manipulate census results, arguing that "manipulation would seem difficult to arrange" in light of the "uncertainties as to which States imputation might favor." Ante, at 472. But in every census where imputation would alter the resulting apportionment, the mere decision to impute or not to impute is a source of possible manipulation. While that might be averted if the Bureau were required to use imputation, I do not read the majority's opinion to demand that. Moreover, in the past, we have given deference to the Secretary's decision not to statistically adjust the census, even when a final decision on that matter was not made until after the census was completed. See Wisconsin v. City of New York, 517 U. S. 1, 10-11, 20-24 (1996).
Finally, the majority suggests that imputation is somehow "better" than making no statistical adjustment at all. Ante, at 470. But no party has cited a study suggesting that
487
Page: Index Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 NextLast modified: October 4, 2007