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
- Complaint - 11/17/21
- Plaintiff's Application for a Three-Judge Court and Memorandum of Points and Authorities in Support - 11/17/21
- Defendants' Response to Plaintiff's Application for a Three-Judge Court - 12/7/21
- Order Designating Three-Judge Court - 12/16/21
- Plaintiff's Motion for Summary Judgment - 1/14/22
- Joint Motion for a Scheduling Order - 1/20/22
- Defendants' Consent Motion for Extension of Time - 2/15/22
- Defendants' Motion in Limine and Rule 56(d) Motion - 3/11/22
- Defendants' Motion to Dismiss - 3/11/22
- Amended Complaint - 3/21/22
- Joint Motion for a Scheduling Order - 3/30/22
- Plaintiff's Renewed Motion for Summary Judgment - 4/1/22
- Defendants' Motion in Limine and Rule 56(d) Motion - 4/19/22
- Defendants' Motion to Dismiss - 4/19/22
- Plaintiff's Response to Defendants' Motion in Limine - 5/27/22
- Plaintiff's Opposition to Defendants' Motion to Dismiss - 5/27/22
- Defendants' Consent Motion for Extension of Time - 6/3/22
- Reply in Support of Defendants' Motion to Dismiss - 6/24/22
- Defendants' Reply in Further Support of Their Motion in Limine and Rule 56(d) Motion - 6/24/22
- Plaintiff's Supplemental Brief Applying the Zone-of-Interest Test to Organizations - 12/25/22
- Second Amended Complaint - 2/13/23
- Joint Motion to Deem Already Filed Motions Applicable to the Second Amended Complaint - 2/13/23
- Plaintiff's Notice of Supplemental Authority - 3/29/23
- Order - 4/18/23
- Opinion - 4/18/23
- Plaintiff's Notice of Appeal - 6/19/23
- Mandate from the United States Court of Appeals for the District of Columbia Circuit - 2/3/25
United States Court of Appeals for the District of Columbia Circuit - No. 23-5140
- Certificate as to Parties, Rulings, and Related Cases - 7/25/23
- Plaintiff-Appellant's Certificate as to Parties, Rulings, Related Cases, and Disclosure Statement - 7/25/23
- Notice of Filing of Underlying Decisions from Which Appeal Arises - 7/25/23
- Plaintiff-Appellant's Preliminary Statement of the Issue for Appeal - 7/26/23
- Order - 9/19/23
- Plaintiff-Appellant's Brief - 10/30/23
- Joint Motion to Modify Briefing Schedule - 11/13/23
- Order - 11/16/23
- Letter to the Court - 11/28/23
- Brief for Appellees - 12/22/23
- Plaintiff-Appellant's Reply - 1/29/24
- Order - 2/16/24
- Notice - 3/28/24
- Order - 4/2/24
- Courtroom Minutes of Oral Argument - 4/11/24
- Notice of Supplemental Authorities - 4/16/24
- Judgment - 9/10/24
- Opinion - 9/10/24
- Order - 9/10/24
- Plaintiff-Appellant's Petition for Panel Rehearing and Rehearing En Banc - 10/25/24
- Plaintiff-Appellant's Motion for Disqualification - 10/25/24
- Plaintiff-Appellant's Certificate as to Parties, Rulings, and Related Cases in Support of Their Petition [...] - 10/28/24
- Order - 10/31/24
- Plaintiff-Appellant's Petition for Panel Rehearing and Rehearing En Banc ERRATA - 11/4/24
- Defendants-Appellees' Opposition to Petition for Panel Rehearing or Rehearing En Banc - 11/15/24
- Order Denying Motion for Panel Rehearing - 1/24/25
- Order Denying Motion for Rehearing En Banc - 1/24/25
- Mandate - 2/3/25