On the recordMay 7, 2024
Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I just make note of a few things with regard to the Equal Representation Act. We have heard some comments from our Democrat colleagues that this is somehow unconstitutional. The court case referenced in Department of Commerce v. New York, the lower court dismissed the plaintiff's claims under the Enumeration Clause, permitted claims under the Administrative Procedures Act and Due Process Clause. However, the Supreme Court upheld requiring the citizenship question only on the claims under the Administrative Procedures Act and not on constitutional grounds, saying that it is Congress' responsibility to determine whether and how this should take place. That is what we are doing here today in the Equal Representation Act by saying precisely that noncitizens should not count in congressional apportionment. Mr. Speaker, I reserve the balance of my time.
