February 19, 2010
We filed our two briefs in the case today. The first brief is our Reply to the Government's Motion to Dismiss. The second brief is our Memo in Support of Plaintiffs' Motion for Summary Judgment. We also issued a press release this morning. - Scott
January 24, 2010
An article posted today on RedState, entitled "Take the Cap Off Entering the House". Check it out... - Scott
January 18, 2010
Does America want smaller government or larger government? The winner? SMALLER government!
A large majority of Americans say they want a smaller government that provides them with fewer services, according to a new poll from the Washington Post and ABC News.
The poll asked: “Generally speaking, would you say you favor smaller government with fewer services, or larger government with more services?” 58% said they favor a smaller government with fewer services, and only 38% said they favor a larger government with more services. The poll surveyed a random sample of 1,083 American adults from Jan. 12-15, 2010.
There is a mounting body of evidence that smaller congressional districts yield smaller government--less spending, less regulation, and more freedom. - Scott
January 5, 2010
I just completed an article - "The Root Cause of Ills in the U.S. House" - which explains the fundamental reason why Congress is so ineffective. The root cause? Enormous district sizes, which have created massive voter inequity and also cemented in place a structure that drives House member behavior in the direction of self-interest rather than the public interest.
Smaller and more equal district sizes, which can be created by increasing the size of the U.S. House of Representatives, will lead to better government and less government. - Scott
December 22, 2009
As we fully expected, the U.S. government filed a motion to dismiss on the December 21st due date at 11:33 pm EST. In addition, the government also filed a motion for summary judgment. The accompanying Memorandum in Support is our first opportunity to hear their perspective on the lawsuit and the apportionment of representatives in the U.S. House.
Over the next few weeks, we will prepare our response, which will be vigorous and thorough. We believe our reply will appropriately address all of the government's points.
What we found the most fascinating part of the brief is the government's assertion that equality of representation is not a factor when determining the size of the House. From our perspective, the question isn't whether equality is relevant. The central question is, "How equal is equal?" - Scott
November 30, 2009
We received notice from the IRS that our application for 501(c)(3) tax-exempt status has been approved. While we fully expected to received the tax-exempt designation in light of our mission, obtaining the official notification is an important milestone. To those of you who have donated, we are grateful for your support. If you would like to make a contribution to Apportionment.US, please visit our Donate page. - Scott
November 13, 2009
The executive branch of government has asked for additional time to file an answer to the Complaint, and the plaintiffs granted the extention. Therefore, the defendants have until December 21st to respond. To view a copy of the extension, click the following link:
The attorney for the legislative branch is working toward the same December 21st deadline. - Scott
October 30, 2009
October has been an expectedly quiet month, but I wanted to provide an important update regarding the case. Both the Executive branch and Legislative branch have appointed their respective attorneys to serve as primary counsel for the government. Representing the executive branch (on behalf of the U.S. Department of Commerce, Gary Locke and Robert Groves) is Wendy M. Ertmer. Representing the legislative branch (on behalf of Lorraine Miller - clerk of the U.S. House) is Ariel B. Waldman. - Scott
September 21, 2009
We received word from local counsel in Mississippi this morning that the motion to convene a three-judge panel is granted! Chief Judge of the U.S. Court of Appeals for the Fifth Circuit, Edith H. Jones, approved this request on Friday September 18th (one day after filing the case). To view a copy of the order, click the following link:
Order Constituting Three-Judge Court
Convening a three-judge court is rare, and only occurs in cases of apportionment. The implications are significant. If the plaintiffs prevail in District Court with this three-judge panel, the case will move to the Supreme Court of the United States. - Scott
September 17, 2009
On behalf of the five plaintiffs, Michael Farris and I filed the lawsuit at the U.S. District Court in Oxford, Mississippi this morning.

It feels great to begin this next phase of the process. - Scott
