DEPARTMENT OF COMMERCE v. UNITED STATES HOUSE OF REPRESENTATIVES

No. 98-404.

525 U.S. 316 (1999)

DEPARTMENT OF COMMERCE et al. v. UNITED STATES HOUSE OF REPRESENTATIVES et al.

United States Supreme Court.

Decided January 25, 1999.


Attorney(s) appearing for the Case

Solicitor General Waxman argued the cause for appellants in both cases. With him on the briefs were Assistant Attorney General Hunger, Deputy Solicitor General Kneedler, Malcolm L. Stewart, and Mark B. Stern. Joseph Remcho, Kathleen J. Purcell, and James C. Harrison filed briefs for the California Legislature et al. as appellees under this Court's Rule 18.2. Brian S. Currey, Richard M. Jones, Thomas M. Riordan, Karen M. Wahle, Thomas J. Karr, Alfredo Barrios, James K. Hahn, Jessica F. Heinz, Lorna B. Goodman, David B. Goldin, De Witt W. Clinton, Mary F. Wawro, Donovan M. Main, Manuel A. Valenzuela, Brian L. Crow, Louise H. Renne, Burk E. Delventhal, Robert A. Ginsburg, Jack Ballas, Susan T. Taylor, Helen M. Gros, Daniel E. Muse, Stan Sharoff, John R. Calhoun, Joan Gallo, George Rios, Jayne W. Williams, Ann M. Ravel, Susan B. Swain, Alan K. Marks, William C. Katzenstein, and Tom Udall filed briefs for the City of Los Angeles et al. as appellees under this Court's Rule 18.2. Moses Silverman and Jeannie S. Kang filed briefs for the National Korean American Service & Education Consortium, Inc., et al. as appellees under this Court's Rule 18.2. Paul M. Smith, Donald B. Verrilli, Jr., and J. Gerald Hebert filed briefs for Richard A. Gephardt et al. as appellees under this Court's Rule 18.2.

Maureen E. Mahoney argued the cause for appellee United States House of Representatives in No. 98-404. With her on the brief were Richard P. Bress, Geraldine R. Gennett, Kerry W. Kircher, and Michael L. Stern. Michael A. Carvin argued the cause for appellees Matthew J. Glavin et al.in No. 98-564. With him on the brief were David H. Thompson, Theodore M. Cooperstein, L. Lynn Hogue, Valle Simms Dutcher, Edward J. Fuhr, and Richard B. Harper.

O'Connor, J., delivered the opinion of the Court with respect to Parts I, III—A, and IV, in which Rehnquist, C. J., and Scalia, Kennedy, and Thomas, JJ., joined, the opinion of the Court with respect to Part II, in which Rehnquist, C. J., and Scalia, Kennedy, Thomas, and Breyer, JJ., joined, and an opinion with respect to Part III—B, in which Rehnquist, C. J., and Kennedy, J., joined. Scalia, J., filed an opinion concurring in part, in which Thomas, J., joined, and in which Rehnquist, C. J., and Kennedy, J., joined as to Part II, p. 344. Breyer, J., filed an opinion concurring in part and dissenting in part, p. 349. Stevens, J., filed a dissenting opinion, in which Souter and Ginsburg, JJ., joined as to Parts I and II, and in which Breyer, J., joined as to Parts II and III, p. 357. Ginsburg, J., filed a dissenting opinion, in which Souter, J., joined, p. 365.


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 "under counting" certain identifiable groups of individuals. Two sets of plaintiffs filed separate suits challenging the legality and constitutionality of the Bureau's...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases