ALL the News about
Mormons, Mormonism
and the LDS Church
Mormon News: All the News about Mormons, Mormonism and the LDS Church
Posted 26 Mar 2001   For week ended March 09, 2001
Most Recent Week
Front Page
Local News
Arts & Entertainment
·New Products
·New Websites
·Mormon Stock Index
Letters to Editor
Continuing Coverage of:
Boston Temple
School Prayer
Julie on MTV
Robert Elmer Kleasen
About Mormon News
News by E-Mail
Weekly Summary
Submitting News
Submitting Press Releases
Volunteer Positions
Bad Link?

News about Mormons, Mormonism,
and the LDS Church

Sent on Mormon-News: 08Mar01

By Kent Larsen

Judge's Ruling Will Delay Resolution of Census Lawsuit

SALT LAKE CITY, UTAH -- US District Court Judge Dee Benson declined a request to impanel a special three-judge court to hear Utah's challenge to the Census count, and in the process delayed the resolution of the case. Benson ruled that calling the three judge panel required a challenge to the count's constitutionality, but since Utah hadn't raised such a challenge, he would have to hear the case himself.

Benson set a hearing on the case for March 20th, but the ruling effectively added another step to the appeals process, because any appeal of his decision must go to Denver's 10th Circuit Court of Appeals before being presented to the US Supreme Court. Had the three judge panel heard the case instead, an appeal could have gone directly to the Supreme Court.

"The denial of that request means . . . it could add a second step in the appellate process. That could hold it up as long as a year," said Ray Hintze, Utah chief deputy attorney general. "The ones that will really suffer from the delay are Utah and North Carolina." Hintze adds that the delay could add confusion to the redistricting process, scheduled to start April 1st, "Neither state will know how to proceed until we get this resolved. It will really complicate things for everyone and if, in fact, the Census Bureau just moves forward with its decision, North Carolina would probably go ahead and elect their congressman and we'd lose one term." But Hintze said that Utah will likely still seek a ruling, even if North Carolina gets the seat for the next election. "We don't want to wait 10 years."

In Utah's challenge to the census count, the state claims that the US Census Bureau discriminated against LDS missionaries in the 2000 census. According to the complaint and to Bureau statements, the Bureau excluded LDS missionaries and other US citizens living abroad in its count while including overseas Federal employees such as diplomats and military personnel. As a result of this "disparate treatment," North Carolina was apportioned an additional seat in the US Congress that would have otherwise gone to Utah.

Utah would like the Bureau to either count LDS missionaries and other US citizens living abroad, or not count any US citizens living abroad. Under either scenario, Utah argues, it would get an additional seat. Utah Attorney General Mark Shurtleff says that the count should either include or exclude all US Citizens overseas. "This is arbitrary," said Shurtleff. "Either count all of them or none of them. Either way, we would have gained the fourth seat."


Judge says Utah census suit won't get expedited appeal
Boston Globe (AP) 7Mar01 T1

Bid to Swipe N. Carolina's Seat in Congress Snags
Salt Lake Tribune 7Mar01 T1
By Brandon Loomis: Salt Lake Tribune

Setback to delay census lawsuit
Deseret News 7Mar01 T1
By Elyse Hayes: Deseret News Staff Writer


[an error occurred while processing this directive]

Copyright 1998, 1999, 2000, 2001 Kent Larsen · Privacy Information