Under the bill (unless it has changed recently) the House will return to 435 after decennial apportionment, with the seats allocated as per usual, except that DC will get one, same as Delaware or Wyoming.
Even if I'm wrong and the increase to 437 is permanent, the seats will still be allocated as usual. Utah will get one (to be redistricted as usual) if it is entitled to it by population and otherwise will not.
So if the bill is unconstitutional on that basis, the point would be moot before the 2012 elections, and so unlikely to be litigated fully. Standing would be very difficult to prove.
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timeasmymeasure
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Date: 2009-02-23 08:08 pm (UTC)Even if I'm wrong and the increase to 437 is permanent, the seats will still be allocated as usual. Utah will get one (to be redistricted as usual) if it is entitled to it by population and otherwise will not.
So if the bill is unconstitutional on that basis, the point would be moot before the 2012 elections, and so unlikely to be litigated fully. Standing would be very difficult to prove.