“Time to retool census? Some think so after minorities missed”

Story from the Associated Press. Similar pieces have been popping up this month, including in the New York Times. 2030 may seem like a long time away, but fitting into the legal framework will take some time. The Times piece notes the 1999 Supreme Court decision in Department of Commerce v. United States House, which held that “sampling” was an impermissible technique. But that decision formally rests on a statutory decision; four justices in a concurring opinion (authored by Justice Scalia) sparred with dissenting justices (particularly Justice Stevens) about whether the scope of constitutional authority to engage in “sampling.” A later Supreme Court decision, Utah v. Evans in 2002, found that a different technique, “hot-deck imputation,” passed both constitutional and statutory muster (over a couple of dissenting opinions). There are things Congress could do, and there are unanswered constitutional questions out there.

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