Delaware Voters Seek Federal Court Order for Second House Seat
Two Delaware voters filed a federal lawsuit seeking a second House seat for their state. They argue the House's 435-seat limit violates the Constitution.
- 990,837 Delaware residents share a single at-large House member.
- 1.1 million people, roughly, live in Montana, which has two seats.
- 436 members would sit in the House under the plaintiffs' proposed remedy.
- Plaintiffs are professor David Redlawsk and resident Kevin Price.
Why it matters: The suit targets the 1929 Permanent Apportionment Act, which fixed the House at 435 seats. The plaintiffs say population growth since 1911 has diluted Delaware's representation.
- Seat counts for the other 49 states would stay unchanged, the plaintiffs say.
- Defendants include Commerce Secretary Howard Lutnick, Census leader George Cook and House Clerk Kevin McCumber.
How 5 sources split on this story
Left coverage, 1 sources: The left presents the suit as a challenge to an outdated seat cap that has left Delaware voters underrepresented as the country grew.
Right coverage, 2 sources: The right reports the suit as voters asking a court to add a seat, noting the state's sole member is Democratic Rep. Sarah McBride.
What’s next: The plaintiffs ask a three-judge panel in the U.S. District Court for D.C. to rule.
- If Congress does not act, they want the court to order the extra seat.
- The Commerce Department and House clerk did not immediately comment.
- Will a court find it has the power to change the size of the House?
- How would the defendants respond to the constitutional claim?
- Could a ruling for Delaware invite similar suits from other states?
