Bench Memos

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Re: Conclusion Now, Reasoning to Follow


Thanks to Ed Whelan for pointing out that the DOJ’s Office of Legal Counsel–an office that prizes continuity as much as can be across administrations–is on record against the idea that giving D.C. a House seat can be squared with the Constitution.  I’ve written a lot about this issue, as he says, and read still more, and I’m not sure I knew that (I can’t remember!).  But I do remember, and will add to the mountain of testimony against this unconstitutional scheme, that Congress’s own in-house experts are against it too: the Congressional Research Service of the Library of Congress published a report in 2007 by attorney Kenneth R. Thomas pointing out the difficulties, in language that even former teachers of constitutional law can understand.  Perhaps a copy could be sent to the White House.


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