Department of Commerce v. House of Representatives, 525 U.S. 316 (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’ dissent.