|Department of Commerce v. United States House (98-404)
No. 98-404, 11 F. Supp. 2d 76, appeal dismissed; No. 98-564, 19 F. Supp. 2d 543, affirmed.
[ O'Connor ]
[ Scalia ]
[ Stevens ]
[ Ginsburg ]
[ Breyer ]
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On appeal from the United States District Court for the Eastern District of Virginia [January 25, 1999]
Justice Ginsburg, with whom Justice Souter joins, dissenting.
I agree with the Court that Indiana resident Hofmeister, an appellee in No. 98-564, has standing to challenge the Census 2000 plan on the ground that Indiana would lose a Representative in Congress under the Census Bureau's proposed sampling plan. I also agree with the Court's conclusion that the appeal in No. 98-404 should be dismissed. I would not decide whether other appellees in No. 98-564 have established standing on the basis of the expected effects of the sampling plan on intrastate redistricting. Respecting the merits, I join Parts I and II of Justice Stevens's dissent.