Klutznick, Secretary of Commerce, Et Al. v. Carey, Governor of New York, Et Al.
Headline: Court grants emergency stay allowing the Census Bureau to certify New York’s 1980 population totals to the President pending appeal, temporarily lifting a lower court’s block on certification.
Holding: The Court granted the Government’s emergency request and stayed the District Court’s order, allowing the Census Bureau to certify New York’s population totals to the President pending appeal.
- Allows Census Bureau to certify New York’s 1980 population totals to the President.
- Temporarily overrides a lower court block while appeals proceed.
- Dissent warns undercount could cost seats and federal funds for New York.
Summary
Background
The Secretary of Commerce and the Census Bureau asked the Court for an emergency stay of a lower court order that had blocked the Bureau from certifying New York’s population totals to the President by the December 31, 1980 deadline. The lawsuit was brought by the City of New York, the State Governor, and several voters and taxpayers who argued the 1980 census undercounted people in low-income and minority neighborhoods. The District Court found serious management problems and ordered the Bureau to adjust New York’s figures and refrain from certifying them on December 31.
Reasoning
The single issue before the Court was whether to pause the District Court’s order while the case is appealed. The Supreme Court granted the stay request and allowed certification to proceed pending the appeal to the Court of Appeals. The formal order stayed the injunction only until the appeals court decides. Justice Stevens did not participate. The opinion text does not set out the majority’s detailed reasoning in this order; Justice Marshall filed a written dissent explaining why he would have denied the stay.
Real world impact
As a practical matter, the stay permits the Census Bureau to transmit New York’s official numbers to the President by the statutory deadline while the legal fight continues. That transmission could affect the allocation of congressional seats and the distribution of federal funds tied to census counts. The District Court had worried that an undercount would dilute votes and reduce federal aid for affected areas.
Dissents or concurrances
Justice Marshall dissented, warning that denying relief to respondents risks irreparable harm to undercounted communities and could moot efforts to fix inaccurate figures once they are certified and sent to Congress.
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