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Prof. Justin Levitt's Doug Spencer's Guide to Drawing the Electoral Lines
New York | Process

Liu v. Congress (also Equal Vote America v. Congress)

Last Updated Dec 28, 2020
Case No. 1:19-cv-00311 (S.D.N.Y.), No. 19-3054 (2d Cir.)
Cycle 2010

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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.






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