Federal Reapportionment Called Unconstitutional

OXFORD, Miss. (CN) – Voters in five states say the reapportionment system of congressional districts violates the Constitution’s “one-person, one-vote” requirement by creating districts in some states that have nearly twice the population of districts in others. Voters from Mississippi, Montana, South Dakota, Delaware and Utah, challenge the statute that froze membership in the House of Representatives at 435.

     Based on census data from 2000, the voters say the “ideal” congressional district should have 646,952 people, yet one congressional district in Wyoming has a population of 495,304, while a district in Montana has 905,316.
     As a result, Montana is under-represented by 39.9 percent, and Wyoming is over-represented by 23.4 percent – an unconstitutional disparity, the class claims.
     The class seeks declaratory judgment that the size of the House of Representatives forces unconstitutional apportionments, and should be increased.
     Named as defendants are the Department of Commerce and its Secretary Gary Locke, Census Bureau Director Robert Groves, and Clerk of the U.S. House of Representatives Lorraine C. Miller.
     The plaintiffs are represented by Michael Farris of Washington, D.C.

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