Young v. Klutznick

652 F.2d 617
Court of Appeals for the Sixth Circuit·Decided June 15, 1981·No. Nos. 80-1751, 81-1027·Published·Cited by 68 cases

Opinions

MERRITT, Circuit Judge.

In this suit by the City of Detroit and its Mayor against the Census Bureau Director and the Secretary of Commerce, the District Court found that the final 1980 census figures would understate the black and his-panic populations nationally and in Detroit by a statistically significant but undetermined figure, unless adjusted. After finding in advance of the completion of the census that such an undercount would occur, the District Judge held that certification and publication of the figures without adjustment would violate the provisions of the Constitution requiring an accurate decennial enumeration of the population for the purpose of apportioning Congressional representation.1 He construed the Census [619] Act as permitting the use of such an adjusted set of census figures for purposes of determining Congressional representation.2 He ordered that defendants withhold certification of the census figures to the states and the President, a certification required by statute,3 until defendants devise and report to the Court for approval a statistically defensible means of adjusting the census figures to include the uncounted segments of the black and hispanic populations.

We reverse. Plaintiffs have shown no judicially cognizable injury and lack standing to sue. The claimed injury is based on a state of affairs not yet in existence, and it is so hypothetical in nature that it does not present a controversy capable of judicial resolution.

I. STATEMENT OF THE CASE

A. The Undercount Estimated on the Basis of Studies of the 1970 Census

The essential facts are not in dispute. Plaintiffs concede that the Census Bureau in 1980 made a conscientious effort to conduct an accurate head count of a diverse nation of approximately 225 million people using sound demographic methods developed over many years with the advice of leading scholars in many fields. Plaintiffs do not claim that the Census Bureau has discriminated against any class, blacks, his-panics, or others, or any town or region, Detroit or any other place, in the methods used to conduct the head count. On the contrary, all parties agree, including plaintiffs and their experts, that at great cost the Census Bureau, upon the direction of the President and the Congress, has taken new and creative steps during the 1980 census to find and count disadvantaged groups.

No claim is made that upper and middle class blacks and hispanics are undercounted in comparison with whites of the same economic class. Rather, plaintiffs have demonstrated the undeniable fact that for a complex set of reasons4 it is more difficult to count the poor and the uneducated, whether black or white, than the middle class and the well-to-do. Plaintiffs rely on Census Bureau studies of previous census figures that show that, as a group, more blacks are missed than whites because, as a group, blacks are more disadvantaged.5 Plaintiffs’ key witness, Dr. Philip M. Hauser, a former director of the Census Bureau and chairman of the University of Chicago Sociology Department, stated the basic reason for previ[620] ous undercounts of the black population: “It is not a question of color; it is not the difference in color that makes them hard to count. It is that whole cluster of characteristics associated with color which stands as a proxy for this cluster of characteristics” (App. 405).

The demographic and statistical theory that blacks are necessarily undercounted at a substantially higher rate than whites is supported by comprehensive studies of the 1970 census.6 In that census 203 million people were counted, 178 million of whom were identified as white and 23 million of whom were identified as black. Through a combination of survey methods, the Census Bureau now estimates that the 1970 census undercounted the black and white populations as shown on this graph:

COMPARISON BY RACE .AND SEX OF PERCENT NET UNDERCOUNTS. BY AGE: 1970
[[Image here]]
NOTE- ESTIMATES FOR 1970 ARE BASED ON ADJUSTED CENSUS DATA. A NEGATIVE SIGN DENOTES A NET CENSUS OVFRCOUNT.

Extrapolating from the studies, the parties agree that the 1970 census probably under-counted the white population by approximately 2%, or 3.5 million, and the black population by approximately 8%, or 1.8 million. Although the Census Bureau is unable to break the undercount down by state or locality, the parties tentatively agree that the largest undercounts probably occurred in the poorer sections of large cities and in certain rural areas of the South.

At the time of the trial of this case in August 1980, the Bureau had not completed any interim or final figures for the new census because the tabulation of the census returns was still in process. The parties were unable, therefore, to estimate the 1980 undercount. One of plaintiffs' experts testified that “we don’t know anything about the undercount in the 1980 census except some very broad assertions and expectations that the racial undercount will not disappear . . . . ” (Dr. Taeuber, App. 638). Another expert of plaintiffs testified that no one could predict whether the 1970 un-dercount would be repeated in the 1980 census: “This doesn’t mean that this [the 1970 undercount estimate] will be what happens in 1980. I don’t know, I repeat, nor does anyone else” (Dr. Hauser, App. 478).

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Young v. Klutznick, 652 F.2d 617 (6th Cir. 1981).

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