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Wash. Times falsely suggested 1999 Supreme Court case decided Constitution bars use of sampling in congressional apportionment

February 13, 2009 9:21 am ET

SUMMARY: The Washington Times falsely suggested that a 1999 Supreme Court case decided that the Constitution barred the government from using statistical sampling to apportion congressional seats. In fact, the Supreme Court concluded that "the Census Act" -- a congressional statute -- "prohibits the proposed uses of statistical sampling in calculating the population for purposes of apportionment. Because we so conclude, we find it unnecessary to reach the constitutional question presented."

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