OXFORD, Miss., Sept. 25 /PRNewswire-USNewswire/ -- Plaintiffs learned this week that the Chief Judge of the U.S. Court of Appeals for the Fifth Circuit, Edith H. Jones, immediately approved their request to convene a three-judge panel in District Court regarding a lawsuit challenging the constitutionality of the current size of the United States House of Representatives. The lawsuit argues that the provision in the United States Code (2 USC section 2a) that freezes the size of the House at 435 members is unconstitutional, egregiously violating the well-established principle of "one person, one vote" affirmed in multiple Supreme Court decisions.

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 directly to the Supreme Court of the United States.

"We're thrilled that Chief Judge Jones moved so rapidly to approve the motion the very next day requesting the three-judge court," said Scott Scharpen, founder and president of Apportionment.US, the non-profit organization coordinating the lawsuit on behalf of the plaintiffs. He added, "This is a clear sign that the court is taking this lawsuit with the seriousness that it deserves." To view a copy of the order, go to www.apportionment.us/3JudgePanel.pdf.

The five plaintiffs in the case each represent the five most under-represented states in the House of Representatives and include: Lisa Schea from Delaware, John Tyler Clemons from Mississippi, Jessica Wagner from Montana, Krystal Brunner from South Dakota and Frank Mylar from Utah.

Despite the U.S. population more than tripling in the last 100 years (from less than 100 million to over 300 million people), the number of House representatives over the same time has remained identical at 435 members. If this lawsuit is successful, the court will require an increase in House membership to achieve appropriate voter equality across America, and bring about perhaps the most significant change in the federal government structure in nearly a century.

Contact: Scott Scharpen of Apportionment.US, +1-951-678-9955, scott@apportionment.us

SOURCE Apportionment.US

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