Utah v. Evans

153 L. Ed. 2d 453, 15 Fla. L. Weekly Fed. S 420, 122 S. Ct. 2191, 536 U.S. 452, 2002 Cal. Daily Op. Serv. 5474, 2002 U.S. LEXIS 4645, 2002 Daily Journal DAR 6881, 70 U.S.L.W. 4628
Supreme Court of the United States·Decided June 20, 2002·No. 01-714·Published·Cited by 199 cases

Opinions

[457] 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, § 2, cl. 3. We conclude that use of “hot-deck imputation” violates neither the statute nor the Constitution.

I

A

"Hot-deck imputation refers to the way in which the Census Bureau, when conducting the year 2000 census, filled in certain gaps in its information and resolved certain conflicts in the data. The Bureau derives most census information through reference to what is, in effect, a nationwide list of addresses. It sends forms by mail to each of those addresses. If no one writes back or if the information supplied is confusing, contradictory, or incomplete, it follows up with several personal visits by Bureau employees (who may also obtain information on addresses not listed). Occasionally, despite the visits, the Bureau will find that it still lacks adequate information or that information provided by those in the field has somehow not been integrated into the master list. The Bureau may have conflicting indications, for example, about whether an address on the list (or a newly generated address) represents a housing unit, an office building, or a vacant lot; about whether a residential building is vacant or occupied; or about the number of persons an occupied unit contains. These conflicts and uncertainties may arise because no one wrote back, because agents in the field produced confused responses, or because those who processed the responses made mistakes. There may be too little time left for further personal visits. And the Bureau may then de[458] cide “imputation” represents the most practical way to resolve remaining informational uncertainties.

The Bureau refers to different kinds of “imputation” depending upon the nature of the missing or confusing information. Where, for example, the missing or confused information concerns the existence of a housing unit, the Bureau speaks of “status imputation” Where the missing or confused information concerns whether a unit is vacant or occupied, the Bureau speaks of “occupancy imputation.” And where the missing or confused information concerns the number of people living in a unit, the Bureau refers to “household size imputation.” In each case, however, the Bureau proceeds in a somewhat similar way: It imputes the relevant information by inferring that the address or unit about which it is uncertain has the same population characteristics as those of a “nearby sample or ‘donor’ ” address or unit — e. g., its “geographically closest neighbor of the same type (i. e., apartment or single-family dwelling) that did not return a census questionnaire” by mail. Brief for Appellants 7-8, 11. Because the Bureau derives its information about the known address or unit from the current 2000 census rather than from prior censuses, it refers to its imputation as “hot-deck,” rather than “cold-deck,” imputation.

These three forms of imputation increased the final year 2000 count by about 1.2 million people, representing 0.4% of the total population. But because this small percentage was spread unevenly across the country, it makes a difference in the next apportionment of congressional Representatives. In particular, imputation increased North Carolina’s population by 0.4% while increasing Utah’s population by only 0.2%. And the parties agree that that difference means that North Carolina will receive one more Representative, and Utah will receive one less Representative, than if the Bureau had not used imputation but instead had simply filled relevant informational gaps by counting the related number of individuals as zero.

[459] B

After analyzing the census figures, Utah brought this lawsuit against the Secretary of Commerce and the Acting Director of the Census Bureau, the officials to whom the statutes delegate authority to conduct the census. 28 U. S. C. §2284. Utah claimed that the Bureau’s use of “hot-deck imputation” violates the statutory prohibition against use of “the statistical method known as ‘sampling,’ ” 13 U. S. C. § 195, and is inconsistent with the Constitution’s statement that an “actual Enumeration” be made, Art. I, §2, cl. 3. Utah sought an injunction compelling the census officials to change the official census results. North Carolina intervened. The District Court found in the Census Bureau’s favor. 182 F. Supp. 2d 1165 (Utah 2001). Utah appealed. 28 U. S. C. § 1253. And we postponed consideration of jurisdiction pending hearing , the case on the merits. 534 U. S. 1112 (2002).

II

North Carolina argues at the outset that the federal courts lack the constitutional power to hear this case. Article III, § 2, of the Constitution extends the “judicial Power” of the United States to actual “Cases” and “Controversies.” A lawsuit does not fall within this grant of judicial authority unless, among other things, courts have the power to “redress” the “injury” that the defendant allegedly “caused” the plaintiff. Lujan v. Defenders of Wildlife, 504 U. S. 555, 561 (1992); Allen v. Wright, 468 U. S. 737, 751 (1984). And, in North Carolina’s view, the courts cannot “redress” the injury that Utah claims to have suffered here. Hence Utah does not have the “standing” that the Constitution demands.

In Franklin v. Massachusetts, 505 U. S. 788 (1992), this Court considered, and rejected, a similar claim. A private plaintiff had sued the Secretary of Commerce, challenging the legality of a 1990 census counting method as “arbitrary and capricious” and contrary to certain specific statutes. [460] Id., at 790-791. That plaintiff sought to require the Secretary to recalculate the numbers and recertify the official results. The plaintiff hoped that would ultimately lead to a reapportionment that would assign an additional Representative to his own State.

Eight Members of the Court found that the plaintiff had standing. Four Justices considered only whether the law permitted courts to review Census Bureau decisions under the Administrative Procedure Act. They concluded that it did. And they saw no further standing obstacle. Id., at 807 (Stevens, J., concurring in part and concurring in judgment).

Four other Justices went further. They found that the controversy between the plaintiff and the Secretary was concrete and adversary. They said:

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Utah v. Evans, 153 L. Ed. 2d 453, 15 Fla. L. Weekly Fed. S 420, 122 S. Ct. 2191, 536 U.S. 452, 2002 Cal. Daily Op. Serv. 5474, 2002 U.S. LEXIS 4645, 2002 Daily Journal DAR 6881, 70 U.S.L.W. 4628 (U.S. 2002).

153 L. Ed. 2d 453 (Utah v. Evans) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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