Clemons v. United States Department of Commerce

LESLIE H. SOUTHWICK, Circuit Judge.

The number of seats in the United States House of Representatives is 435. That has been true for nearly one hundred years. Plaintiffs argue the Constitution requires an increase in the number in order to reduce the disparity in population among the districts in different States. Because the suit questions the constitutionality of the apportionment of Congressional seats, this three-judge district court panel was formed. 28 U.S.C. § 2284.

The parties have filed cross-motions for summary judgment. Arguments were heard on these motions. The government’s motion…