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Monday, April 26, 2021

The Unconstitutional 2021 Reapportionment

Today the Census Bureau released the long-awaited population data that will be used for the next reapportionment of House seats and electoral votes. As I explained in a 2018 law review article, the reapportionment will be unconstitutional because the statutory calculation method violates Section Two of the Fourteenth Amendment. 

Will any State Attorney General bring a claim under Section Two challenging the reapportionment? I don't know. But at least one should, especially if his or her state stands to lose House seats.

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