[EL] Supreme Court Summarily Rejects Constitutional Challenge to the Size of the House of Representatives

[Sean Parnell]

Ultimately, the question whether we should expand the House of Representatives is one for the Constitutional amendment process. Whatever else we can say on the policy question, I’m confident that the remedy is not going to be imposed by the federal courts on the country.

My understanding is that the U.S. Congress could, if it desired, choose to expand the size of the House of Representatives? See https://history.house.gov/Historical-Highlights/1901-1950/The-Permanent-Apportionment-Act-of-1929/

Sean Parnell
Vice President of Public Policy, The Philanthropy Roundtable
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Supreme Court Summarily Rejects Constitutional Challenge to the Size of the House of Representatives<https://electionlawblog.org/?p=101956>
Posted on November 5, 2018 7:03 am<https://electionlawblog.org/?p=101956> by Rick Hasen<https://electionlawblog.org/?author=3>

There were no noted dissents in this order<https://www.supremecourt.gov/orders/courtorders/110518zor_o759.pdf> dismissing the case for lack of jurisdiction.

From my earlier coverage<https://electionlawblog.org/?p=99364>:

The legal claim is more than a bit nutty, and it does not appear to be litigated very well. But in essence (as noted in this Town Hall piece<https://townhall.com/columnists/pauljacob/2018/06/04/the-first-and-most-important-first-amendment-n2486974?utm_source=thdaily&utm_medium=email&utm_campaign=nl&newsletterad=>), depends on the idea that the country ratified a  constitutional amendment but no one knows it….

Plaintiffs’ case has lots of procedural problems as well. It does not appear to be handled by lawyers who can litigate properly before the court.

Ultimately, the question whether we should expand the House of Representatives is one for the Constitutional amendment process. Whatever else we can say on the policy question, I’m confident that the remedy is not going to be imposed by the federal courts on the country.
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