DEPARTMENT OF COMMERCE v. MONTANA

No. 91-860.

503 U.S. 442 (1992)

UNITED STATES DEPARTMENT OF COMMERCE ET AL. v. MONTANA et al.

United States Supreme Court.

Decided March 31, 1992.


Attorney(s) appearing for the Case

Solicitor General Starr argued the cause for appellants. With him on the briefs were Assistant Attorney General Gerson, Deputy Solicitor General Roberts, Edwin S. Kneedler, Michael Jay Singer, and Mark B. Stern.

Marc Racicot, Attorney General of Montana, argued the cause for appellees. With him on the brief were Clay R. Smith, Solicitor, and Elizabeth S. Baker, Assistant Attorney General.*

Stevens, J., delivered the opinion for a unanimous Court.


Justice Stevens, delivered the opinion of the Court.

Article I, § 2, of the Constitution requires apportionment of Representatives among the several States "according to their respective Numbers."1 An Act of Congress passed in 1941 provides that after each decennial census "the method known as the method of equal proportions" shall be used to determine the number of Representatives to which each State is entitled.

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