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

[Rick Valelly]

Lee Drutman has an interesting piece about this in the current *Washington
Monthly:*
https://washingtonmonthly.com/magazine/november-december-2018/to-fix-congress-make-it-bigger-much-bigger/

On Mon, Nov 5, 2018 at 12:28 PM Pamela S Karlan <pkarlan at stanford.edu>
wrote:

> And up until the permanent reapportionment act in the 1920’s, Congress in
> fact chose the size of the House after every decennial census.
>
> Pam Karlan
> Stanford Law School
> karlan at stanford.edu
> 650.725.4851
>
> On Nov 5, 2018, at 8:14 AM, John Tanner <john.k.tanner at gmail.com> wrote:
>
> Right.  The current size was set in 1911 by statute
>
> Sent from my iPhone
>
> On Nov 5, 2018, at 11:06 AM, Sean Parnell <
> sparnell at philanthropyroundtable.org> wrote:
>
> *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
>
> 1120 20th Street NW, Suite 550 South
>
> Washington, DC  20036
>
> (202) 600-7883 (direct)
>
> (571) 289-1374 (mobile)
>
> sparnell at philanthropyroundtable.org
>
>
>
>
>
>
>   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.*
>
> <image001.png>
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D101956&title=Supreme%20Court%20Summarily%20Rejects%20Constitutional%20Challenge%20to%20the%20Size%20of%20the%20House%20of%20Representatives>
>
> Posted in legislation and legislatures
> <https://electionlawblog.org/?cat=27>
>
>
>
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-- 
Claude C. Smith '14 Professor of Political Science
Swarthmore College
Department of Political Science
500 College Avenue
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