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UTAH v. EVANS

No. 01CV292.

182 F.Supp.2d 1165 (2001)

State of UTAH; Michael O. Leavitt, Governor; Olene S. Walker, Lieutenant Governor; Mark L. Shurtleff, Utah Attorney General; L. Alma Mansell, President of the Utah Senate; Martin R. Stephens, Speaker of the Utah House; Mike Dmitrich, Utah Senate Minority Leader; Ralph Becker, Utah House Minority Leader; Orrin G. Hatch, United States Senator; Robert F. Bennett, United States Senator; James V. Hansen, Member of Congress; Christopher B. Cannon, Member of Congress; James Matheson, Member of Congress; Blake J. Russon; Michael Wayne Anderson; Brent McGhie; Jean McGhie, Plaintiffs, v. Donald L. EVANS, Secretary of Commerce; William G. Barron, Director, United States Census Bureau, Defendants, State of North Carolina; Michael F. Easley, Governor; Beverly Perdue, Lieutenant Governor; Roy Cooper, North Carolina Attorney General; Marc Basnight, President Pro Tempore of the North Carolina Senate; James Black, Speaker of the North Carolina House; Patrick Ballentine, North Carolina Senate Minority Leader; Leo Daughtry, North Carolina House Minority Leader; Jesse Helms, United States Senator; John Edwards, United States Senator; Eva M. Clayton, Member of Congress; Bob Etheridge, Member of Congress; Walter B. Jones, Member of Congress; David Price, Member of Congress; Richard Burr, Member of Congress; J. Howard Coble, Member of Congress; Mike McIntyre, Member of Congress; Robin Hayes, Member of Congress; Sue Myrick, Member of Congress; T. Cass Ballenger, Member of Congress; Charles H. Taylor, Member of Congress; Melvin L. Watt, Member of Congress, Intervenors.

United States District Court, D. Utah, Central Division.

November 1, 2001.

Attorney(s) appearing for the Case

Thomas R. Lee, Lindon, UT, Mark L. Shurtleff, Utah Attorney General, Raymond A. Hintze, Chief Civil Deputy Attorney General, J. Mark Ward, Assistant Attorney General, Utah Attorney General's Office, Salt Lake City, UT, Gene C. Schaerr, Michael S. Lee, Jay T. Jorgensen, Sidley & Austin, Washington, DC, for Plaintiffs.

Amy M. Allen, Attorney, Stuart E. Schiffer, Acting Assistant Attorney General, Sandra M. Schraibman, Attorney, Carol Federighi, Attorney, United States Department of Justice, Civil Division, Federal Programs Branch, Washington, DC, for Defendants.

Tiare B. Smiley, Special Deputy Attorney General, Roy Cooper, North Carolina Attorney General, Edwin M. Speas, Jr., Chief Deputy Attorney General, James Peeler Smith, Special Deputy Attorney General, North Carolina Attorney General's Office, Raleigh, NC, Jathan W. Janove, Janove Baar Associates, L.C., Salt Lake City, UT, for Intervenors.

Before MICHAEL R. MURPHY, Circuit Judge, DALE A. KIMBALL, United States District Judge, and J. THOMAS GREENE, Senior United States District Judge.

MEMORANDUM OPINION

MURPHY, Circuit Judge.

The State of Utah and numerous elected Utah officials ("Plaintiffs") bring this suit against the Secretary of Commerce and the Acting Director of the Census Bureau ("Defendants") seeking injunctive and declaratory relief. Plaintiffs contend that Defendants' use of a statistical method known as "hot deck imputation" during the 2000 decennial census violated various statutory provisions and the Constitution. Furthermore...

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