The Wall Street Journal's blog reports on a interesting new lawsuit filed in federal court in Mississippi. The complaint is here.
In the suit, five residents of different states challenge the current cap of Representatives in the House of Representatives at 435. The suit alleges that by capping the number of Representatives at 435 since 1911, the representation is "grossly out of compliance with the requirement of Article I, Section 2 and Amendment XIV, Section 2 …."
The suit notes that after the2000 census, apportionment led to the states of Wyoming, Rhode Island, Nebraska, Iowa and West Virginia to be over-represented in Congress and the states of Montana, Delaware, South Dakota, Utah and Mississippi to be under-represented.
The suit suggests that the only appropriate remedy to address the violation is to increase the House to either 1,761 members or 932 members.
Stopped by the Capitol last July when I was in D.C. for a national security class. They'll need a few more office buildings if this lawsuit is successful.