Liu v. Congress (also Equal Vote America v. Congress)
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Fed. App. Ct.
Final Opinion
Case Information
Federal court action alleging Congress has collectively failed to update the cap and allocation of house seats in accordance with the U.S. Constitution.
On Sept. 3, 2019, the court granted the defendant’s motion to dismiss, and denied the plaintiff’s motion to amend and add parties. The plaintiff’s filed an appeal on Sept. 23, 2019.
On December 28, 2020, the U.S. Court of Appeals for the Second Circuit AFFIRMED the district court’s decision to dismiss the complaint. They held that Liu lacked standing, and the suit was barred. The court determined that Liu had credibly claimed the first element of standing, which is “an injury in fact.” However, Liu failed to prove the following two elements: that the injury could be traced back to the defendants, and that there was a strong probability that the requested relief would address the claimed injury.
History
Case filings, starting with most recent court| Name | Last Modified | ||
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Brief of Appellant (Liu) | Nov 4, 2019 | |
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Brief of Respondent (Congress) | Feb 5, 2020 | |
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Final Opinion | Dec 28, 2020 |
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amended complaint | Feb 11, 2019 | |
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motion to dismiss | Jun 7, 2019 | |
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Declaration in opposition to motion to dismiss | Jul 8, 2019 | |
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Memo in support of opposition to motion to dismiss | Jul 8, 2019 | |
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Congress' reply in support of motion to dismiss | Jul 24, 2019 | |
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Opposition to motion to amend and add parties | Jul 18, 2019 | |
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Motion to amend complaint and add parties (incl. proposed amended complaint) | Jul 8, 2019 | |
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Order granting MTD and denying motion to amend | Sep 3, 2019 |
