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By Kent Larsen
Utah Appeals, and Files New Census Lawsuit
SALT LAKE CITY, UTAH -- Not content with the answer given by a three-judge
panel that heard its challenge to the US Census Bureau's calculations, the
state of Utah has appealed that decision to the US Supreme Court. And not
content to leave an issue by the way, it has also filed a new lawsuit,
claiming that the Census Bureau used statistical methods barred by the court.
"The stakes are too high and the cause is too good," to drop the matter said
Utah Governor and LDS Church member Mike Leavitt. The first lawsuit claimed
that the bureau excluded LDS missionaries serving overseas but counted US
government employees overseas. A three-judge panel last week ruled against
Utah, citing a 1992 Supreme Court decision that allowed the bureau to count
federal employees overseas but not others. Utah's lawyers claim that the
three judge panel, which included two judges from the Denver Circuit of the
Court of Appeals, misinterpreted the Supreme Court ruling.
The new claims, which Utah will also seek to have heard by a similar
three-judge panel so that it can also be appealed directly to the US Supreme
Court, claim that the census bureau estimated the final 0.2% of the
population because the households failed to respond to the census. The
bureau admits that its census takers simply counted for the unresponsive
residence the same number of people as is listed at the next-closest
residence.
Utah says that this estimate is unconstitutional, "Imputation is the most
gray area of the census," said Utah state Planning Director Natalie
Gochnour. "In this case it actually tipped the scales so we did not receive
a fourth seat." According to the census bureau, its "imputed" count of
nonresponsive residences added 32,457 residents to North Carolina, while it
gave Utah only an additional 5,393 residents. "If you eliminate the
guessing, we get the sea. If you treat everyone the same, we get the seat."
Utah had tried to add this issue to the lawsuit that the three judge panel
ruled on last week. But the panel said that Utah had filed the amended
lawsuit too late for a ruling. The decision to pursue this issue also
involved local Utah politics. Democrats in the state legislature had urged
Utah's lawyers to pursue the "imputation" issue earlier as the most likely
to succeed, but Utah's Republican leaders were slow to add it to the
lawsuit. Ironically, it was Republicans who nationally objected to allowing
the census bureau to use estimates for those households that did not
respond. Democrats in the US have long supported using estimates.
Sources:
Utah reinforces census complaint
Raleigh NC News & Observer (AP) 25Apr01 T1
By Paul Foy: Associated Press Writer
Gloves Still On in Census Fight: Utah to take its appeal to U.S. Supreme Court
Salt Lake Tribune 25Apr01 T1
By Joe Baird: Salt Lake Tribune
See also:
Census Lawsuit Loses on Appeal
Census Arguments Made, But Panel Raises Doubts About Counting LDS Missionaries
Census Judge Reverses Himself, Case to be Heard by Three Judge Panel
Judge's Ruling Will Delay Resolution of Census Lawsuit
Government's Census Reply Claims Utah Hasn't Suffered Damages
North Carolina Claims Census Lawsuit without Merit
Census Official That Cost Utah House Seat Is LDS
Some Say Missionaries Could Have Given Utah Additional US House Seat
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