CITY OF NEW YORK v. U.S. DEPT. OF COMMERCE

No. 88 CV 3474.

739 F.Supp. 761 (1990)

The CITY OF NEW YORK, The State of New York, The People of the State of California ex rel. John K. Van de Kamp, Attorney General, The City of Los Angeles, The City of Chicago, Dade County, Florida, The U.S. Conference of Mayors, The National League of Cities, The League of United Latin American Citizens, The National Association For the Advancement of Colored People, Marcella Maxwell, Donald H. Elliott, John Mack, Olga Morales, Timothy W. Wright III, Raymond G. Romero, Antonio Gonzales, and Athalie Range, Plaintiffs, v. UNITED STATES DEPARTMENT OF COMMERCE, Robert A. Mosbacher, as Secretary of the United States Department of Commerce, Michael R. Darby, as Under Secretary for Economic Affairs of the United States Department of Commerce, Bureau of the Census, Barbara Everitt Bryant, as Director of the Bureau of the Census, George Bush, as President of the United States, and Donald K. Anderson, as Clerk of the United States House of Representatives, Defendants.

United States District Court, E.D. New York.

June 7, 1990.


Attorney(s) appearing for the Case

Victor A. Kovner, Corp. Counsel of The City of New York, New York City, for plaintiff The City of New York.

Robert Abrams, Atty. Gen. of State of N.Y. by Sanford M. Cohen, Asst. Atty. Gen. of State of N.Y., New York City, for plaintiff State of N.Y.

John K. Van de Kamp, Atty. Gen. of State of Cal. by Fredric D. Woocher, Sp. Counsel to Atty. Gen., Los Angeles, Cal., for plaintiff People of State of Cal. ex rel. John K. Van de Kamp, Atty. Gen.

Cravath, Swaine & Moore by Robert S. Rifkind, New York City, for all plaintiffs except State of N.Y. and People of State of Cal. ex rel. John K. Van de Kamp, Atty. Gen.

Arnold & Porter, Sp. Counsel to City of New York by Peter L. Zimroth (Stein, Zauderer, Ellenhorn, Frischer & Sharp, of counsel), New York City, for plaintiffs.

James K. Hahn, City Atty. of City of Los Angeles, for plaintiff City of Los Angeles.

Julie Downey, Asst. City Atty., Jessica F. Heinz, Deputy City Atty., Los Angeles, Cal.

Herbert Henderson, Acting Gen. Counsel of N.A.A.C.P., Baltimore, Md., for plaintiff N.A.A.C.P.

Edward A. Hailes, Jr., Asst. General Counsel, Baltimore, Md.

Kelly Walsh, Corp. Counsel of City of Chicago, Chicago, Ill., for plaintiff City of Chicago.

John Satalic, Sp. Deputy Corp. Counsel, Chicago, Ill.

Clarence A. West, City Atty. of City of Houston, Tex., for plaintiff City of Houston.

Susan Taylor, Asst. City Atty., Houston, Tex.

Robert A. Ginsburg, Dade County Atty., Miami, Fla., for plaintiff Dade County, Fla.

Gerard Lavery Lederer, Washington, D.C., for plaintiff U.S. Conference of Mayors.

Gladys Daniels, Washington, D.C., for plaintiff National League of Cities.

Ruben Bonilla, Corpus Christi, Tex., Gen. Counsel of The League of United Latin American Citizens for plaintiff The League of United Latin American Citizens.

Ruben Castillo, E. Richard Larson, Mexican American Legal Defense & Education Fund, Chicago, Ill., for plaintiff Raymond G. Romero.

Stuart M. Gerson, Asst. Atty. Gen., Andrew J. Maloney, U.S. Atty., Stephen E. Hart, Michael Sitcov, William DeMaria, Dept. of Justice, Civ. Div., Washington, D.C., for defendants.


MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

Census-taking has never been easy, and has rarely received favorable press. King David learned this the hard way. In First Samuel, the King directed his Census Bureau, one Joab, to "go through all the tribes of Israel From Dan to Bersabee, and number ye the people that I may know the number of them." When Joab had reluctantly counted as far as 800,000, David realized that, in some eyes, his task might be regarded...

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