Delaware Voters Sue for Second Congressional Seats
Two residents of Delaware have initiated a lawsuit aiming to secure a second House seat, claiming current representation is inadequate.
In a noteworthy legal action, two Delaware residents have filed a lawsuit against Commerce Secretary Howard Lutnick, advocating for increased Congressional representation for the state. The plaintiffs, David Redlawsk, a professor at the University of Delaware, and Kevin Price, emphasize that Delaware's single at-large House seat is insufficient for its population of approximately 991,000 inhabitants.
Calls for Equal Representation
The lawsuit highlights a significant disparity in representation: with over 991,000 people served by a lone representative, Delaware has less representation per capita than any other state. In contrast, Montana, which has a similar population of about 1.1 million, boasts two Congressional seats. The plaintiffs argue that the lack of representation dilutes the voice of Delaware residents in the House of Representatives.
The Legal Basis for the Lawsuit
Redlawsk and Price's legal team, led by attorney Andrew Tutt, contends that the 1929 Permanent Apportionment Act, which restricts the House of Representatives to 435 seats, is unconstitutional. The suit seeks a ruling from a three-judge panel in the U.S. District Court for Washington D.C. to increase the number of House representatives to 436, which would provide Delaware with an additional seat. This change would address the current issues of underrepresentation without altering the allocations for the other states.
Population Growth and Representation
The attorneys argue that as the U.S. population has surged to over 331 million, the fixed number of House seats has led to a serious inequality in representation. The 2020 census revealed the growing need for an adjustment in the apportionment of seats, given that the population has more than tripled since the last adjustment in 1911, when the House was set at 435 members. This lack of updates means that Delaware's nearly one million residents continue to rely on a single representative.
The lawsuit asserts that the underrepresentation inflicts a specific injury on the plaintiffs, limiting their political influence and participation in the legislative process. Redlawsk and Price aim to have the court formalize the need for Delaware to have two representatives, arguing that such a change would mean approximately 495,419 constituents per representative, which is a fairer ratio compared to the current situation.
Aiming for 2028 Elections
The plaintiffs are hopeful for a ruling that could establish Delaware's second House seat in time for the 2028 presidential election. They argue that enhancing representation is crucial for ensuring that Delawareans receive adequate attention and resources in Congress. If Congress does not take action by then, the lawsuit requests that the courts step in to mandate the increase in the number of House members.
As of now, the Commerce Department, which supervises the U.S. Census Bureau, and House Clerk Kevin McCumber have not publicly commented on the case. The outcome could have significant implications for Delaware voters, potentially altering the state's political landscape for years to come.
Filed under Politics
