On August 26, 2010, the plaintiffs in Clemons v U.S. Department of Commerce had asked the U.S. Supreme Court to hear that case, 10-291. The issue is whether the Constitution implicitly requires that the size of the U.S. House of Representatives be increased, because at its current size, it is impossible for “one man, one vote” principles to apply, because U.S. House districts cannot cross state lines. As a result, the voters of Montana only have one member of the U.S. House, and the voters of Wyoming also have one member of the U.S. House, but Montana has almost twice as many people as Wyoming.
The response of the Solicitor General was due September 29, but the Solicitor General has obtained an extension until October 29. One can read the Jurisdictional Statement of the plaintiffs at www.apportionment.us.