U.S. SUPREME COURT BRIEFS, MONDAY, NOVEMBER 30, 1998
USIA
30 November 1998
U.S. SUPREME COURT BRIEFS, MONDAY, NOVEMBER 30, 1998
(Census, Foreign Service, Nuclear Waste, Boy Scouts) (470)
CENSUS ENUMERATION
The Supreme Court heard arguments over procedures for conducting the
year 2000 census, for which the Clinton administration wants to use a
statistical sampling method and the Republican-led House of
Representatives says an actual enumeration is required.
Solicitor General Seth Waxman, representing the administration, told
the high court that sampling would make adjustments for an expected
undercount of minorities and would be a quality check on the actual
head count, scheduled for April 1, 2000.
Attorneys for the House said the Constitution bars statistical
sampling and noted that two lower court rulings have upheld that
position.
Both sides said a Supreme Court decision by next March is vital so
plans for the census can go forward. At stake are the shape of
congressional, state and local election districts nationwide. Since
minorities are more likely to be missed in a population count,
adjusting the census results presumably would help Democrats, who
count on their support more than do Republicans.
FOREIGN SERVICE
Without comment, the high court rejected appeals by seven black
Foreign Service officers dissatisfied with the 1996 settlement of a
class-action lawsuit that accused the State Department of racial
discrimination.
It let stand a ruling that barred the seven men and women from opting
out of a settlement that provided for a $3.8 million payment to black
Foreign Service officers and promotions for 17 individuals. The seven
had sought individual claims for monetary damages.
The original lawsuit in 1986 alleged discrimination in a variety of
personnel practices, including assignments, performance appraisals,
promotions and granting tenure.
NUCLEAR WASTE
Declining to become involved in a dispute over how and where to safely
store thousands of tons of radioactive waste, the court without
comment let stand a ruling that the federal government does not have
to begin collecting such material until it has a proper burial site.
None exists, even though a 1982 federal law provided a 1998 deadline
for one, and the government collects fees from the nuclear industry.
Used reactor fuel is piling up at 72 civilian nuclear power plants in
34 states and at least 11 utility companies have filed lawsuits
seeking damages. The state of Michigan also argued that the Energy
Department's failure to live up to the 1982 law has resulted in a
dangerous situation.
BOY SCOUTS
The justices, without comment, refused to review a California state
court ruling that said no state law was violated when an acknowledged
homosexual police officer was ousted as a Boy Scout leader.
The Boy Scouts said the man's sexual orientation was viewed as being
inconsistent with scouting principles. The officer argued that the
decision violated his constitutional right to equal treatment.