Delaware Voters Sue to Win a Second House Seat
David Redlawsk, a University of Delaware professor, and Delaware resident Kevin Price are asking a federal court to give the state a second representative. They argue that Delaware’s roughly 991,000 residents are represented by one at-large member, leaving them with fewer representatives per person than residents of any other state. Montana, with just under 1.1 million people, has two seats, the lawsuit says.
The suit challenges the federal law that fixes the House at 435 members, asking a panel of three judges at the federal court in Washington, D.C., to find that limit unconstitutional. The plaintiffs say population growth has increased the number of people represented by each member while the House’s total size has remained unchanged.
Their proposed remedy would add a seat for Delaware, bringing the House to 436 members while leaving the other states’ allocations intact. The lawsuit says that would mean about 495,419 Delaware residents per representative. It asks the court to order the expansion if Congress does not act.
The case names Commerce Secretary Howard Lutnick, whose department oversees the Census used to allocate House seats, along with Commerce official George Cook and House Clerk Kevin McCumber. The plaintiffs want the change in place in time for the 2028 presidential election. The Commerce Department and the House clerk had not immediately responded to requests for comment.
Delaware’s Voters Challenge a House Limit That Dilutes Their Representation
Delaware voters are asking a federal court to address what they call a stark imbalance: nearly 991,000 people share one representative, while Montana, with slightly fewer than 1.1 million residents, has two. The plaintiffs, David Redlawsk and Kevin Price, say the current arrangement gives Delaware residents less representation per person than voters in any other state.
Their lawsuit targets the law keeping the House at 435 members. It argues that the country’s population has grown while the number of seats has stayed fixed, increasing the number of constituents represented by each member. The plaintiffs say that limit unnecessarily dilutes Delaware voters’ voice.
They want the court to declare the cap unconstitutional and add a seat for Delaware, taking the House to 436 members without changing the other states’ allocations. That would leave about 495,419 Delaware residents per representative, according to the suit. If Congress does not act, the plaintiffs ask the court to order the change.
The suit names Commerce Secretary Howard Lutnick, whose department oversees the Census used to allocate seats, as well as Commerce official George Cook and House Clerk Kevin McCumber. The requested remedy is intended to take effect before the 2028 presidential election. The Commerce Department and the House clerk had not immediately responded to requests for comment.
Delaware Lawsuit Asks Judges to Expand the House to 436 Seats
A lawsuit by two Delaware voters asks a federal court to intervene in the size of the U.S. House, adding a seat for their state and raising the chamber’s total from 435 to 436. The plaintiffs, David Redlawsk and Kevin Price, argue that Delaware’s roughly 991,000 residents are underrepresented because they share one at-large seat.
The case challenges the law that fixes the House at 435 members. The plaintiffs say population growth has increased the number of people represented by each member, and they point to Montana, whose slightly fewer than 1.1 million residents have two seats.
Their remedy would preserve every other state’s allocation while giving Delaware a second representative. The suit estimates that would reduce the state’s average constituency to about 495,419 people per member. If Congress does not act, the plaintiffs want the court to order the increase—placing a major institutional change in judges’ hands.
The case names Commerce Secretary Howard Lutnick because his department oversees the Census used to apportion seats. Commerce official George Cook and House Clerk Kevin McCumber are also defendants. The voters seek a change before the 2028 presidential election. The Commerce Department and the House clerk had not immediately responded to requests for comment.
Reported by NBC News, The Washington Examiner.
