GINSBURG, J., Dissenting

SUPREME COURT OF THE UNITED STATES

525 U.S. 326

Department of Commerce v. United States House

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

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.