Legal Opinion
Wendelken v. Bureau of the Census
District Court, S.D. New York
Decided September 21, 1983No. 83 Civ. 3111PublishedCited by 2 opinions
1Opinion of the Court
EDWARD WEINFELD, District Judge.
Martin E. Wendelken, a citizen of New Jersey and the plaintiff in this action, seeks an order overturning the Act of August 8, 1911, ch. 5 §§ 1, 2, 37 Stat. 13, 14, which provides that the House of Representatives shall be constituted by 435 members. These seats are apportioned among the states by population, consistent with the rule that no state shall receive fewer than one representative. 2 U.S.C. § 2a (1976). The government moves to dismiss on the ground that the complaint fails to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6).
Wendelk…
2Cases cited4 opinions
- Wesberry v. SandersSupreme Court of the United States · 1964
- Weinberger v. WiesenfeldSupreme Court of the United States · 1975
- Rider Oldsmobile, Inc. v. WrightDistrict Court, M.D. Pennsylvania · 1976
- Whelan v. CuomoDistrict Court, E.D. New York · 1976
3Cited by2 opinions
- Clemons v. United States Department of CommerceDistrict Court, N.D. Mississippi · 2010
- Wendelken v. Bureau of CensusCourt of Appeals for the Second Circuit · 1984