--part1_73.212070e.2615021a_boundary Content-Type: text/plain; charset="US-ASCII" Content-Transfer-Encoding: 7bit --part1_73.212070e.2615021a_boundary Content-Type: message/rfc822 Content-Disposition: inline Return-Path: <CHERYLNATRIELLO@msn.com> Received: from rly-st08.mail.aol.com (rly-st08.mail.aol.com [172.31.34.3]) by air-yd04.mail.aol.com (v70.20) with ESMTP; Thu, 30 Mar 2000 13:21:45 -0500 Received: from rly-zd01.mx.aol.com (rly-zd01.mail.aol.com [172.31.33.225]) by rly-st08.mail.aol.com (8.8.8/8.8.8/AOL-5.0.0) with ESMTP id NAA14544 for <LindaBch@aol.com>; Thu, 30 Mar 2000 13:15:06 -0500 (EST) Received: from smtp.email.msn.com (cpimssmtpu03.email.msn.com [207.46.181.19]) by rly-zd01.mx.aol.com (v70.21) with ESMTP; Thu, 30 Mar 2000 13:14:44 -0500 Received: from oemcomputer - 63.14.78.180 by email.msn.com with Microsoft SMTPSVC; Thu, 30 Mar 2000 10:14:11 -0800 Message-ID: <004501bf9a75$ab415560$70081b3f@oemcomputer> From: "Cheryl" <CHERYLNATRIELLO@msn.com> To: <LindaBch@aol.com> Subject: Fw: [TAYLOR-L] Census Counts - FYI Date: Thu, 30 Mar 2000 13:27:15 -0500 MIME-Version: 1.0 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: 7bit X-Priority: 3 X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook Express 5.00.2919.6600 X-MimeOLE: Produced By Microsoft MimeOLE V5.00.2919.6600 Just received this ..thought it might interest you!-Cheryl ----- Original Message ----- From: <Carolyn690@aol.com> To: <TAYLOR-L@rootsweb.com> Sent: Thursday, March 30, 2000 1:01 PM Subject: [TAYLOR-L] Census Counts - FYI > http://www.worldnetdaily.com > > TUESDAY MARCH 28 2000 > > > > THE POWER TO DESTROY > > Judge puts brakes on Census Bureau Attorney: > > 'Huge victory for the Constitution and for privacy-loving Americans' > > By Sarah Foster > > (c) 2000 WorldNetDaily.com > > Americans who refuse to answer questions they consider invasive on their > > Census questionnaires will be able to sleep a little easier-at least for > > now. > > A federal judge ruled yesterday that the Census Bureau has no automatic > > right to ask questions felt to be personal or intrusive and that it cannot > > threaten or prosecute citizens who refuse to answer such questions. > > U.S. District Judge Melinda Harmon granted attorney Mark Brewer, of the > > Houston-based firm of Brewer and Pritchard, a temporary restraining order > > in a Census suit filed by five Houston, Texas, residents. Attorneys for > > the government conceded that none of the five plaintiffs will be subject > > to actual or threatened prosecution during this litigation which is > > expected to go to the U.S. > > Supreme Court. > > The ruling is especially far-reaching. > > "For the moment, this will prevent prosecution against any American who > > chooses not to answer questions other than the number of people living at > > their address-that's all that's required by the Constitution," Brewer told > > WorldNetDaily. "It's a huge victory for the Constitution and for > > privacy-loving Americans, because we now have a ruling in a federal court > > case. > > "The Census Bureau cannot extract this information under threat of > > criminal prosecution-that was the issue I presented to the court," he > > said. > > The penalty for not answering each question asked on the forms is $100. > > False answers can cost up to $500 in fines. > > The five-Edgar Morales, Laique Rehman, Nouhad Bassila, George Breckenridge > > and William Jeffrey Van Fleet-are American citizens. > > Brewer said his clients are not part of any organized group, "though that > > is what people have assumed. They are just ordinary people who want to be > > counted, but who do not want to give up their privacy to do so. That's > > the bottom line." > > "What the court did today," Brewer explained, "was to order that the > > Bureau could neither threaten nor actually prosecute these people for not > > answering any question other than how many folks live at that address. > > It's the first time to my knowledge that this has happened in the 213 > > years since we've had a Constitution." > > As he put it, "We hit a home run." > > Recalling his day in court, Brewer said he told the judge she was "the > > only barrier standing between government on the one hand and these five-I > > think very brave-people and the American people generally on the other. I > > pointed out that the government lawyer had just told her that he can ask > > anything he darn near pleases-where does it stop?" > > Almost as important as the ruling itself is that the government conceded > > that the plaintiffs have "standing," meaning they had a right to bring an > > action against the Census Bureau in the first place. > > "This removed what was potentially the biggest impediment to the case > > moving forward," said Brewer. "We're now looking forward to phase two, > > which is when the case will be submitted on summary judgement in two > > weeks." > > "This is what they call a three-judge court case," he explained. "It's > > federal, but it's a very unusual procedure. > > There are only a few instances where it's permitted by federal law, this > > being the primary one: pertaining to census and apportionment. The case > > is filed like any other case in federal court, then it is referred by the > > chief judge of the circuit." > > In this case, that's the Fifth Circuit in New Orleans, headed by Judge > > Carol King. > > Said Brewer, "The way it works is that when a motion of temporary > > restraining order is filed, which we did on March 23, the single judge > > that gets the initial assignment of the case can hear it. That's really > > about the only thing the judge can hear and rule upon. Then the > > three-judge court is convened and the case is submitted on trial-and here > > it's for a summary judgment because there's no dispute of the facts. > > "Both sides have the right of appeal," Brewer continued, "and we're > > assuming they (the Census Bureau) will appeal it. And if we lose-we'll > > appeal it. Either way, it's on its way to the Supreme Court." > > Brewer is handling the case pro bono-that is, without charge, but and for > > the public good. > > "One of the things I stressed to the judge," said Brewer, [is that] > > neither the plaintiffs nor I want to interrupt the census. To the > > contrary. I want to ensure its constitutional integrity and validity. > > But when you look at the lowered response rate, which by the Census > > Bureau's own admission is going to occur with the use of the long form, > > then you can only conclude that they are intentionally erecting a > > roadblock to getting an accurate count. They are intentionally > > sacrificing an accurate count in order to obtain information through > > statistics that they're not even entitled to obtain. > > "Unfortunately, we know the government is capable of misusing census > > data," he said. "The federal government was only able to find, round up > > and imprison Americans of Japanese ancestry in 1942 by the illegal use of > > Census Bureau data." > > WorldNetDaily.com, Inc. > > > > > ==== TAYLOR Mailing List ==== > It is YOUR responsibility to know how to SUBSCRIBE & UNSUBSCRIBE. It is done > by computer. Put the word SUBSCRIBE in the body of the message with nothing > else. The address is Taylor-l-request@rootsweb.com . or -d- for DIGEST mode. > All this is in the Welcome statement I ask you to save. -sysop > --part1_73.212070e.2615021a_boundary--