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Supreme Court to weigh 2000 census dispute

In this story:

September 10, 1998
Web posted at: 9:15 p.m. EDT (0115 GMT)

WASHINGTON (CNN) -- The Supreme Court agreed Thursday to consider -- as quickly as possible -- a politically and financially charged fight between the Clinton administration and House Republicans over how to conduct the 2000 census.

Under an expedited schedule, the justices will hear arguments in the case November 30 -- setting up a likely decision by March.

At issue is a Clinton Administration plan to use scientific sampling to supplement the traditional head count taken every ten years. House Republicans want the method banned.

"If the current uncertainty ... continues beyond March 1999 (the) ability to conduct the most accurate census possible will be seriously threatened," lawyers for both sides argued in jointly seeking the action.

Lower court sides with Republicans

The Clinton administration has argued that sampling would produce much more accurate results, at a far lower cost, than a traditional head count..

But a federal court panel recently sided with House Republicans, who argued that the Constitution requires national census every ten years by "national enumeration" or head counts.

The three-judge panel avoided ruling on the constitutionality of the sample method, but said the method was illegal because it violated federal law.

But White House lawyers filed an appeal with the Supreme Court last week on grounds that the Constitution "does not require that the relevant numbers be determined through any particular methodology."

Billions of dollars at stake

The topic has been hard-fought between Republicans and Democrats because census figures are used to redraw lines for congressional districts and to allocate billions of dollars in federal funds.

Democrats have argued that traditional head counts often miss inner city residents, immigrants and the homeless -- groups that have traditionally supported the Democrats.

Republicans have countered that scientific sampling is more vulnerable to manipulation and fraud.

The Census Bureau conceded that 4 million people were overlooked in the 1990 census. In a move to correct such mistakes, it planned to use a dual method in 2000.

Under the 2000 plan, traditional head count by mailings and door-to-door surveys would cover 90 percent of the population. But sampling would be used to estimate the remaining 10 percent, mostly those who live in inner-cites.

The Census Bureau has responded to the court battles by making preparations to use both the traditional counting method and the dual system in 2000, acting Census Director James F. Holes told a Congressional subcommittee Wednesday.

Republican says Clinton using census as diversion

Holmes and Commerce Undersecretary Robert Shapiro appeared before the House Government Reform and Oversight Committee's census subcommittee.

The Committee chairman, Rep. Dan Miller (R-Fla.), accused Clinton of using the long-standing census battle to divert attention from his legal troubles.

"These are strange times at 1600 Pennsylvania Avenue, and any diversion from the president's legal and moral dilemmas is probably welcomed," said Miller, referring to the White House appeal.

Democratic committee member Carolyn Maloney of New York called Miller's remarks "cheap political remarks" that had no place in the census debate.

The Associated Press and Reuters contributed to this report.


RELATED STORIES

Even During Justices' Vacation, Supreme Court Is Working (07-17-98)

Court Strikes Down Census Bureau's Statistical Sampling Plan (08-24-98)


RELATED SITES

Oyez Oyez Oyez -- A U.S. Supreme Court Database Web site

U.S. Census Bureau Home Page


MORE STORIES:

Thursday September 10, 1998

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