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COM. OF MASS. v. MOSBACHER

Civ. A. No. 91-11234-WD.

785 F.Supp. 230 (1992)

COMMONWEALTH OF MASSACHUSETTS, Edward F. Berlin and Karen J. Kepler, Plaintiffs, v. Robert MOSBACHER, as Secretary of the United States Department of Commerce, Michael Darby, as Undersecretary of Economic Affairs of the United States Department of Commerce, the Bureau of the Census, Barbara Bryant, as Director of the Bureau of the Census, George Herbert Walker Bush, as President of the United States, and Donald K. Anderson, as Clerk of the United States House of Representatives, Defendants.

United States District Court, D. Massachusetts.

On Motions For Reconsideration and For Stay March 13, 1992.

Certiorari Denied March 20, 1992.

Attorney(s) appearing for the Case

Edward P. Liebensperger, Sp. Asst. Atty. Gen. with whom John P. Driscoll and Neil P. Motenko, Sp. Asst. Attys. Gen., and Nutter, McClennen & Fish, Boston, Mass., were on the briefs for plaintiffs, arguing the apportionment claim.

Scott Harshbarger, Atty. Gen., Dwight Golann, Asst. Atty. Gen., Chief, Government Bureau, with whom William P. Lee and Steve Berenson, Asst. Attys. Gen., Boston, Mass., were on the briefs for plaintiffs, arguing the overseas census claim.

Mark H. Murphy, Atty., Civ. Div., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Dennis G. Linder, Director, Federal Programs Branch, Civ. Div., and Sandra M. Schraibman, Susan Korytkowski, Attys., Civ. Div., Washington, D.C., and Wayne A. Budd, U.S. Atty., and Judith S. Yogman, Associate U.S. Atty., Boston, Mass., were on the briefs for defendants.

Kenneth O. Eikenberry, Atty. Gen., and James M. Johnson, Sp. Asst. Atty. Gen., Olympia, Wash., on the brief for the State of Wash., amicus curiae.

Before BOWNES, Senior Circuit Judge, BOYLE, District Judge, WOODLOCK, District Judge.

Certiorari Denied March 20, 1992. See 112 S.Ct. 1462.

WOODLOCK, District Judge.

The Commonwealth of Massachusetts and two of its registered voters bring this action challenging the manner by which the Congress of the United States has apportioned the 435 seats in the United States House of Representatives. The plaintiffs contend 1) that the method for allocating House seats among the 50 states violated the constitutionally grounded principle of "one person...

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