Last year, a lawsuit was filed arguing that the disparity in U.S. House districts violates the 14th amendment. Montana has one U.S. House seat and contains approximately 900,000 residents. Wyoming has one U.S. House seat and contains approximately 500,000 residents. Plaintiffs argue that “one person, one vote” principles must apply to U.S. House districts, and that Congress is constitutionally required to create greater equality in the population of U.S. House districts.
Congress could create greater equality of population either by providing that U.S. House districts need not necessarily align with state boundaries, or it could increase the number of members of the U.S. House. Plaintiffs argue that one or the other of these solutions is required. The case is Clemons v U.S. Department of Commerce, 3:09-cv-104, filed in the Northern District of Mississippi. The briefs in this interesting case are posted at www.apportionment.us. See here. The latest brief was filed in February.
The web page also includes articles about the case. The case was filed in Mississippi because Mississippi is home to some of the plaintiffs, and because Mississippi U.S. House districts are substantially more populous than the average U.S. House district. Other states that are injured include Delaware and South Dakota. Utah is also currently injured but Utah’s injury is almost certainly going to be alleviated after the 2010 census and the 2011 reapportionment.