Census Numbers Used to Draw Districts . . .

ATLANTA: The Southeastern Legal Foundation, the Atlanta-based public interest law firm that won a 1999 U.S. Supreme Court decision banning the use of statistically sampled Census 2000 figures for apportionment (Glavin, et al v. Clinton, et al), today warned of "constitutional peril" for states choosing to use sampled numbers to draw legislative districts.

"Apportionment is a two-step process -- first, determining the number of congressional districts in each state and, second, drawing those districts," said Todd Young, SLF Policy Director. "The U.S. Supreme Court has clearly banned the use of statistically sampled census numbers for apportionment, so any state choosing to use sampled numbers faces constitutional jeopardy."

SLF attorneys maintain that U.S. Supreme Court case law on the subject of redistricting reaffirms the longstanding constitutional principle of "one person, one vote." "If the law forbids us from determining the number of congressional seats in each state with statistical numbers, we cannot then turn around and draw legislative districts based on the forbidden numbers," said Young.

"We have consistently supported the ongoing use of sampled numbers for all non-constitutional purposes, including the distribution of federal dollars among the states," said Young. "What the law does not allow, however, is the use of sampled numbes for determining legislative districts."

"If both sets of numbers are sent to the states, any state that chooses to use sampled numbers to draw legislative districts is likely to face a strong legal challenge," said Young. "For any state that has mandated the use of actual numbers, or any state that chooses the actual numbers, to draw their districts, we stand ready to assist any state Attorney General who will be forced to defend their state's action in court."

The Southeastern Legal Foundation is preparing an advisory letter for U.S. Commerce Secretary Don Evans, outlining the legal status of the census numbers in question.

For More Information Contact:
Media Relations
media@southeasternlegal.org
(404) 365-8500