CASE SUMMARY

On November 17, 2021, the Citizens for Constitutional Integrity filed a federal lawsuit against the U.S. Census Bureau, its Director, and the U.S. Secretary of Commerce challenging the Bureau’s congressional apportionment following the 2020 Decennial Census as violating § 2 (the “Penalty Clause”) of the 14th Amendment and the Administrative Procedure Act (“APA”). The Penalty Clause, which has never been enforced, generally provides that when congressional representatives are apportioned amongst the States, if a state has denied or in any way abridged the right to vote of any voting age citizens, other than in cases of crimes or rebellion, that state’s congressional representation shall be reduced proportionate to how many voting age citizens the state has in total. Plaintiffs argue various states’ voter registration and identification laws constitute abridgements and defendants failed to fulfill its duties to implement, or even consider, the Penalty Clause. They seek a judicial declaration that the defendants violated the 14th Amendment, the APA, and that the 2020 congressional apportionment is void, an order remanding the apportionment report to the Census Bureau and an injunction requiring the report be reissued in accordance with the Clause’s requirements as the plaintiffs interpret them.

  • On April 18, 2023, the federal district court dismissed the suit for lack of standing. Plaintiffs filed a notice of appeal to the U.S. Court of Appeals for the District of Columbia Circuit on June 19, 2023.
  • The D.C. Circuit heard oral arguments on April 11, 2024.

CASE LIBRARY

U.S. District Court for the District of Columbia - No. 1:21-cv-3045

United States Court of Appeals for the District of Columbia Circuit - No. 23-5140