Date: Mon, 24 Aug 1998 16:42:23 -0400 From: census2000 &lt;census2000(a)ccmc.org&gt; BREAKING NEWS ALERT Federal Court Finds Law Bars Census Sampling Methods Commerce Department Will Appeal to Supreme Court; Three-Judge District Court Panel Avoids Constitutional Question A federal district court panel ruled unanimously today that a census statute bars the use of sampling methods to produce the population counts used to reapportion seats in Congress. The opinion, written by Judge Royce Lamberth, was issued in the case of U.S. House of Representatives v. U.S. Department of Commerce, filed at the direction of Speaker Newt Gingrich (R-GA) to stop the Census Bureau from using scientific methods in the 2000 census. The special three-judge panel heard the case on June 11. Judge Lamberth was joined by Judges Douglas Ginsburg and Ricardo Urbina in his opinion. A copy of the 31-page decision is available on the internet at <http://www.dcd.uscourts.gov>. The court found that the plaintiffs had legal "standing" to bring their lawsuit, which the Justice Department, representing the Commerce Department and Census Bureau, had disputed. The court wrote that Congress intended to prohibit the use of sampling methods to conduct the population count when it amended the Census Act (title 13, United States Code) in 1974. One provision of that statute (section 195) requires the Secretary of Commerce to use sampling techniques whenever possible to collect census and other survey data, except for purposes of apportionment. Another provision of the law (section 141) requiring a census every ten years allows the Secretary to conduct the count using any methods, including sampling. Several federal district and appellate courts have considered those apparently conflicting provisions in cases dating back to the 1980 census and have found that the law does not bar sampling to supplement a "good faith" direct counting effort. In a joint statement, Congressional Census Caucus Co-Chairs Carolyn Maloney (D-NY) and Christopher Shays (R-CT) said that they expected the Supreme Court to decide the issue ultimately. Former Congresswoman Patricia Schroeder (D-CO), who chaired the census subcommittee when the contested provisions of the law were enacted, said that the court's opinion "directly contradicted the intent of Congress" in amending the Census Act. Harvard Law professor Laurence Tribe called the ruling a "temporary blow" and said the history of the statute "[doesn't] provide any basis" for the court's interpretation. Grover Norquist, president of Americans for Tax Reform, released a statement that opened with the following quote: "Americans for Tax Reform welcomes the court's rejection of this blatantly illegal scheme to advance the agenda of the forces of big government." The court did not rule on whether the Constitution also prevented the use of sampling and statistical methods in the census, saying that it did not need to reach that question since it believed Congress had barred the methods by law. In the major lawsuit challenging the accuracy of the 1990 census, the Supreme Court found that Article I, section 2, of the Constitution gives Congress "virtually unlimited discretion" in how to conduct the census. A second lawsuit challenging the constitutionality and legality of sampling, Glavin v. Clinton, was heard by a three-judge district court panel in Roanoke, Virginia on August 7. Matthew Glavin, head of the Atlanta-based Southeastern Legal Foundation, and Rep. Bob Barr (R-GA) filed suit on February 12 to stop the Census Bureau from carrying out its 2000 census plan. Questions about the information contained in this News Alert may be directed to TerriAnn Lowenthal at (202) 484-2270 or, by e-mail at &lt;terriann2k(a)aol.com&gt;om>. Please direct all requests to receive News Alerts, and all changes in address/phone/fax/e-mail, to &lt;census2000(a)ccmc.org&gt; or 202/326-8728. Please feel free to circulate this information to colleagues and other interested individuals.