UTAH et al.
v.
EVANS, SECRETARY OF COMMERCE,
ET AL.
United States Supreme Court.https://leagle.com/images/logo.png
Argued March 27, 2002.
Decided June 20, 2002.
Attorney(s) appearing for the Case
Thomas R. Lee argued the cause for appellants. With him on the briefs were Carter G. Phillips, Gene C. Schaerr, Michael S. Lee, Mark L. Shurtleff, Attorney General of Utah, Raymond A. Hintze, Chief Civil Deputy Attorney General, and J. Mark Ward, Assistant Attorney General.
Walter Dellinger argued the cause for appellees North Carolina et al. With him on the brief were Jonathan D. Hacker, Roy Cooper, Attorney General of North Carolina, and James Peeler Smith and Tiare B. Smiley, Special Deputy Attorneys General.
Solicitor General Olson argued the cause for the federal appellees. With him on the brief were Assistant Attorney General McCallum, Deputy Solicitor General Kneedler, Malcolm L. Stewart, Mark B. Stern, and Jonathan H. Levy.*
Breyer, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, Souter, and Ginsburg, JJ., joined, and in which O'Connor, J., joined as to Parts I and II. O'Connor, J., filed an opinion concurring in part and dissenting in part, p. 479. Thomas, J., filed an opinion concurring in part and dissenting in part, in which Kennedy, J., joined, p. 488. Scalia, J., filed a dissenting opinion, p. 510.
United States Supreme Court.
Justice Breyer, delivered the opinion of the Court.
The question before us is whether the Census Bureau's use in the year 2000 census of a methodology called "hot-deck imputation" either (1) violates a statutory provision forbidding use of "the statistical method known as `sampling'" or (2) is inconsistent with the Constitution's statement that an "actual Enumeration" be made. 13 U. S. C. § 195; U. S. Const., Art. I...
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