At issue was whether the government could use sampling to estimate how many people were missed.
The Supreme Court yesterday shot down a Clinton-administration plan to adjust the upcoming 2000 Census to make up for an undercount of minorities.
In rejecting a move that would have greatly benefited Democrats, the justices said federal census law bars use of sampling intended to make the population count more accurate.
The adjustment would have helped Democrats because minorities and inner-city residents – who tend to vote Democratic – made up a large share of the 4 million people missed in 1990.
Republicans had opposed the adjustment because people who tend to vote Republican also are more likely to voluntarily respond to the census.
At issue was whether the government could use sampling to estimate how many people were missed.
The Constitution requires a census every 10 years to help divide the 435 members of the House of Representatives among the states.
The figures also are used to draw congressional, state and local voting districts – and to hand out an annual $180 billion in federal funds.
Two lower courts ruled the government’s proposal unlawful last year, saying federal law barred adjustment of census figures used for dividing the House members among the states.
Clinton-administration lawyers contended the government has estimated at least part of the population in each census since 1940, but acknowledged the new plan was a significant change.
The government’s census plans were challenged by taxpayers in six states: Connecticut, Massachusetts, Minnesota, Missouri, Pennsylvania and Wisconsin.
They said adjusting the census would cost them federal money and political power. The Supreme Court said the taxpayers had legal standing to sue, and yesterday’s ruling was based on their case.
House Republicans also sued, saying the Constitution and federal census law allow only a one-by-one head count. That claim was dismissed.
Ruling against the adjustment were Justices Sandra Day O’Connor, Antonin Scalia, Anthony Kennedy, Clarence Thomas and Chief Justice William Rehnquist.
Dissenting were Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer.