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petitioned the U.S. Supreme Court to grant ... - Election Law Blog

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32aAppendix Daverage household size (“AHS”) would be 3.40-3.55 in <strong>the</strong>illustrative districts, higher than <strong>the</strong> 2000 Census averageof 2.5 for Irving. (Defs.’ Ex. 49.) The estimated 2008 AHSof 4.07-4.11 for a Hispanic household in <strong>the</strong> illustrativedistricts was also higher than <strong>the</strong> 2000 Census Hispanichousehold AHS of 3.65. 9 (Id.) Dr. Rives surmises that <strong>the</strong>larger-than-expected AHS values for all households andHispanic households imply that Mr. Ely’s ACS derivedHCVAP growth rates are inflated. (Defs.’ Ex. 5, at 5.)In response <strong>to</strong> Dr. Rives, Mr. Ely defended hisestimates by differentiating HCVAP growth from generalpopulation growth. Mr. Ely emphasized that <strong>the</strong> criticalissue is <strong>the</strong> composition of <strong>the</strong> population in <strong>the</strong> illustrativedistricts, not any changes in <strong>the</strong> size of <strong>the</strong> <strong>to</strong>tal population,and that <strong>the</strong> pertinent analysis must <strong>the</strong>refore focus onratios ra<strong>the</strong>r than absolute numbers. (Trial Tr. vol. 1,5, Feb. 20.) He explained that <strong>the</strong> ACS survey data (orCensus long form data) only provides percentages andratios; <strong>the</strong> Census Bureau does not count all of <strong>the</strong> peoplewho fall in<strong>to</strong> <strong>the</strong> different categories. The surveys count asubset of <strong>the</strong> population and state what percentage of thatsubset fall in within <strong>the</strong> various categories. (Id. at 19.) Hefur<strong>the</strong>r explained that his methodology was designed <strong>to</strong>measure <strong>the</strong> relative size between two populations, andcannot reliably produce estimates of <strong>to</strong>tal population. (Id.at 6-10.) He urged <strong>the</strong> <strong>Court</strong> that Dr. Rives’ conclusions are<strong>the</strong>refore invalid, because carrying capacity is relevant9. Dr. Rives calculated Hispanic households based onhouseholds with a Hispanic head-of-household. A large percentageof Hispanic residents live with a Hispanic head-of-household.(Trial Tr. vol. 1, 14, Feb. 19; Defs.’ Ex. 5, at 5.)

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