“Delaware voters have far less representation per person in the United States House of Representatives than voters in any other State,” the lawsuit argues.
Two registered voters filed a federal lawsuit on Wednesday seeking to secure a second seat for Delaware in the U.S. House of Representatives, Democracy Docket reported. The legal challenge, filed in a federal district court in Washington, D.C., aims to overturn a century-old cap that limits the size of the lower chamber to 435 members.
The plaintiffs, David Redlawsk and Kevin Price, are suing Commerce Secretary Howard Lutnick, the director of the Census Bureau, and the clerk of the U.S. House of Representatives. They contend that the current statutory limit deprives Delawareans of the constitutional right to adequate representation based on population.
A victory in this case could expand the House of Representatives for the first time since 1911. The lawsuit seeks to have a three-judge court declare the 435-seat cap unconstitutional and provide Congress with a deadline to remedy the imbalance, Democracy Docket reported.
The disparity between Delaware and Montana
The core of the legal argument rests on a stark comparison between Delaware and Montana. According to the complaint, Delaware’s 990,837 people are represented by a single member, while Montana’s population of 1,085,407 receives two representatives.
This arrangement means Delaware voters receive 23.2% less representation per person than the national average, the lawsuit states. Recent Census Bureau estimates from July 1, 2025, show the gap persists, with Delaware’s population at 1,059,952 and Montana’s at 1,144,694. wdel.com reported that this leaves an even smaller population difference of 84,742 people, yet Montana maintains twice the number of House seats.
The plaintiffs argue that the “founding generation expected the House to grow with the population.” Since the 435-seat limit was established, the workload for individual members has increased significantly. The lawsuit notes that each Representative now serves, on average, more than three and a half times as many people as they did when the cap was set.
| State | Estimated Population (July 2025) | U.S. House Seats |
|---|---|---|
| Delaware | 1,059,952 | 1 |
| Montana | 1,144,694 | 2 |
| Alaska | 737,270 | 1 |
| North Dakota | 799,358 | 1 |
| Vermont | 644,663 | 1 |
| Wyoming | 588,753 | 1 |
While five other states also hold a single seat, wdel.com noted that none of them have surpassed a population of one million, a threshold Delaware has crossed.
Legal arguments challenge seat redistribution laws
The legal challenge traces the current system back to a 1929 law that created an automatic process for redistributing existing seats after each census, wdel.com reported. This effectively froze the total number of seats, even as the American population surged.
The plaintiffs argue that this stagnation violates Article I, Section 2 of the Constitution, which mandates representation according to population, and is reaffirmed by Section 2 of the Fourteenth Amendment. They are asking the court to award Delaware an additional seat if Congress fails to act by a specific deadline.
If successful, the judgment would create a House of 436 members. The lawsuit proposes that this extra seat be allotted to Delaware while preserving the existing allocations for every other state, Democracy Docket reported.
The implications of this case extend beyond the ballot box. The complaint highlights that a single representative is responsible for all constituent services and federal oversight for nearly one million people. This creates a massive administrative burden on the sole member of Delaware’s delegation, currently Congresswoman Sarah McBride.
The debate over expanding Congress
The lawsuit faces an uphill battle against the established legislative status quo. Critics of expanding the House often argue that a larger chamber would become unwieldy, making it more difficult to reach consensus or conduct efficient committee work. There are also concerns regarding the increased cost of maintaining a larger legislative body and the logistical complexities of redistricting.
However, the plaintiffs argue that the current system creates a fundamental inequity. By capping the House, the government has diluted the voting power of citizens in growing states. They seek expedited consideration before a three-judge panel, aiming to secure the additional seat for the 2028 election or a later date deemed appropriate by the court.
Should the court rule in favor of the voters, Delaware would be required to establish two distinct congressional districts, each electing its own representative, according to the complaint.
“The judgment would establish a House of 436 Members, allot two seats to Delaware, and preserve every other State’s existing allocation,” the lawsuit states.
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