Lawsuit to Expand Congress Still in Litigation

In September I wrote about the federal court lawsuit to expand Congress that was filed in Oxford. Here is the Complaint in the case and a New York Times article about it. I recently checked on the status of the case, and it is still in active litigation.

 The government responded to the allegations with this motion to dismiss.  In February the plaintiffs filed this response to the motion to dismiss and plaintiff’s own motion for summary judgment. The government’s response to the plaintiff’s motion is due in May.

I stick by my earlier assessment that the lawsuit is a long-shot to succeed—at best. But the plaintiff’s briefs are well-written, which suggests that someone is taking the case seriously.

The case will be decided by the three judge panel of District Court Judges Mills and Pepper and 5th Circuit Court of Appeals Judge Southwick. With the government's response to the plaintiff’s motion not due for over a month, it probably will be at least five months until the court rules on the motions.

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