# Delaware Voters File Lawsuit Challenging House Seat Apportionment Plaintiffs seek to declare the 435-seat House cap unconstitutional to gain representation. - **Source:** [NBC News – Politics](https://www.nbcnews.com/politics) - **Published:** 2026-11-11 - **Topic:** [politics](https://brifing.si/c/politics) - **Original article:** - **On Brifing:** https://brifing.si/s/552f1d32-e196-4ad9-b3ed-d4c9ecded52c ## Legal Challenge Initiated Two Delaware residents, David Redlawsk and Kevin Price, filed a lawsuit against Commerce Secretary Howard Lutnick. They argue that Delaware’s current single at-large House seat is insufficient for its population of approximately 991,000. The plaintiffs seek to increase the state's representation by challenging the constitutionality of the 435-seat House limit. ## The 1929 Act Dispute The lawsuit targets the Permanent Apportionment Act of 1929, which capped the House of Representatives at 435 members. Plaintiffs contend this statutory limitation causes severe disparity for Delaware voters. They are requesting a three-judge panel in the U.S. District Court for the District of Columbia to declare this cap unconstitutional. ## Disproportionate Representation Claims Plaintiffs highlight that Delaware has less representation per person than any other state. They specifically compare Delaware to Montana, which has a similar population of roughly 1.1 million but holds two House seats. This discrepancy forms the core of their argument regarding the dilution of their voting power in Congress. ## Defendants in the Suit The legal action names Commerce Secretary Howard Lutnick, as the department oversees the decennial Census used for seat allocation. Additionally, the suit names George Cook, who is fulfilling the duties of the Census Bureau director, and House Clerk Kevin McCumber. These officials manage the mechanisms that determine current congressional seat distributions. ## Historical Population Shift Attorney Andrew Tutt argues that the U.S. population has grown significantly since the 1911 census, which set the current House size. The population has increased more than three-and-a-half times from 92 million to over 331 million. Despite this massive growth, the statutory apportionment mechanism has failed to adjust the total seat count. ## Proposed Judicial Remedy The plaintiffs ask the court to create one additional seat for Delaware, bringing the total House membership to 436. They propose this change be implemented in time for the 2028 presidential election. If Congress fails to act, they want the court to order the increase to ensure equitable voter representation. ## Impact on Seat Allocation The proposed remedy aims to provide Delaware with two representatives, resulting in approximately 495,419 people per seat. The plaintiffs emphasize that this adjustment would leave the allocations of the other 49 states entirely intact. This specific request focuses solely on correcting the perceived injury caused to Delaware’s current voting population. ## Current Official Response As of the filing, the Commerce Department and the House clerk have not provided a response to requests for comment. The case remains in the early stages as it moves through the federal court system. Future developments will depend on the court's willingness to intervene in long-standing congressional apportionment procedures. ## Sources covering this story - https://www.nbcnews.com/politics/congress/delaware-residents-lawsuit-congress-house-representation-rcna608829 — --- _Summary written by Brifing from the original reporting. Copyright in the original article belongs to its publisher; read the full piece at the link above._