William Christopher Schroeder v. United States

Representation in the House is not determined by population. U.S. Census Bureau Apportionment Tables show the gap between the states with the largest House districts (Delaware - 990,837; Idaho - 920,689; West Virginia - 897,523) and the states with the smallest House districts (Montana - 542,704; Rhode Island — 549,082; Wyoming - 577,719) is approaching 500,000 persons. This Court has held that “each representative must be accountable to (approximately) the same number of constituents.” Rucho v. Common Cause, 588 U.S. 684, 708 (2019); Dept, of Commerce v. New York, 588 U.S. _, 139 S.Ct. 2551, 2586 (2019) (Breyer, J., concurring in part). Do U.S. CONST, amend. XIV, § 2, and U.S. CONST, art. I, § 2, require that each Member of the House of Representatives be elected from constituencies comprised of approximately the same number of residents?

The “Number of Electors” to which each “State may be entitled” for elections for the President and the Vice-President is “equal to the whole Number of Senators and Representatives” of each State “in the Congress[.]” Does U.S. CONST, art. II, § 1, require that each Member of the House of Representatives be elected from constituencies comprised of approximately the same number of residents, so that the “Number of Electors” assigned each state is determined by each state’s respective population?

This Court has held that a voter who resides in a district which has diluted voting power relative to other districts has Article III standing. Gill v. Whitford, 585 U.S. 48, 65-67 (2018); Dept, of Commerce, et al., v. United States House of Representatives, et al., 525 U.S. 316, 334 (1999) (“[V]ote dilution satisfies the injuryin-fact, causation, and redressability requirements.”). Appellant, a Washington voter