Legal News for Fri 8/8 - Trump Birthright EO Injunction, SCOTUS Raid Bid, Milbank Summer Bonus, Fed Swipe Fee Rule, and Apple Sued Over Apple Pay cover art

Legal News for Fri 8/8 - Trump Birthright EO Injunction, SCOTUS Raid Bid, Milbank Summer Bonus, Fed Swipe Fee Rule, and Apple Sued Over Apple Pay

Legal News for Fri 8/8 - Trump Birthright EO Injunction, SCOTUS Raid Bid, Milbank Summer Bonus, Fed Swipe Fee Rule, and Apple Sued Over Apple Pay

Listen for free

View show details

About this listen

 This Day in Legal History: Expansion of US House of RepresentativesOn August 8, 1911, President William Howard Taft signed into law a measure that permanently expanded the size of the U.S. House of Representatives from 391 to 433 members. This change followed the 1910 census, which revealed significant population growth and shifts in where Americans lived. Under the Constitution, House seats are apportioned among the states according to population, and each decade’s census can lead to changes in representation. Prior to 1911, Congress often responded to new census data by simply adding seats rather than redistributing them among states. The 1911 legislation reflected both that tradition and the political realities of the time, as expanding the House allowed growing states to gain representation without forcing other states to lose seats. It also set the stage for the modern size of the House—just two years later, New Mexico and Arizona joined the Union, bringing the total to 435 members. That number has remained fixed by law since 1929, despite the nation’s continued population growth. The 1911 increase carried implications beyond arithmetic: more members meant more voices, more local interests, and a larger scale for legislative negotiation. It also underscored Congress’s role in adapting the machinery of government to the country’s evolving demographics. In many ways, the expansion reflected Progressive Era concerns with fair representation and democratic responsiveness. While debates over House size have continued into the 21st century, the 1911 law remains a pivotal moment in the chamber’s institutional development. By enlarging the House, Taft and Congress preserved proportionality between population and representation, even if only temporarily.After the 1911 increase under President Taft, the size of the House stayed at 435 members following Arizona and New Mexico’s statehood in 1912. The idea at the time was that future census results would continue to trigger changes, either by adding more seats or by redistributing them among the states.But after the 1920 census, Congress ran into a political deadlock. Massive population growth in cities—and significant immigration—meant that urban states stood to gain seats while rural states would lose them. Rural lawmakers, who still held considerable power, resisted any reapportionment that would diminish their influence. For nearly a decade, Congress failed to pass a new apportionment plan, effectively ignoring the 1920 census results.To end the stalemate, Congress passed the Permanent Apportionment Act of 1929. This law capped the House at 435 seats and created an automatic formula for reapportionment after each census. Instead of adding seats to reflect population growth, the formula reassigns the fixed number of seats among states. This froze the size of the House even as the U.S. population more than tripled over the next century.Critics argue that the 1929 cap dilutes individual representation—today, each representative speaks for about 760,000 constituents on average, compared to roughly 200,000 in 1911. Supporters counter that a larger House would be unwieldy and harder to manage. The debate over whether to expand the House continues, but the 1929 law has held for nearly a hundred years, making Taft’s 1911 expansion the last time the chamber permanently grew in size.A fourth federal court blocked President Donald Trump’s order restricting birthright citizenship, halting its enforcement nationwide. The order, issued on Trump’s first day back in office, sought to deny citizenship to children born in the U.S. unless at least one parent was a citizen or lawful permanent resident. Immigrant rights groups and 22 Democratic state attorneys general challenged the policy as a violation of the Fourteenth Amendment’s Citizenship Clause, which has long been interpreted to grant citizenship to nearly everyone born on U.S. soil.U.S. District Judge Deborah Boardman in Maryland sided with the challengers, issuing the latest in a series of nationwide injunctions despite a recent Supreme Court ruling narrowing judges’ power to block policies universally. That June decision left a key exception: courts could still halt policies nationwide in certified class actions. Advocates quickly filed two such cases, including the one before Boardman, who had previously ruled in February that Trump’s interpretation of the Constitution was one “no court in the country has ever endorsed.”In July, Boardman signaled she would grant national relief once class status was approved, but waited for the Fourth Circuit to return the case after the administration’s appeal was dismissed. Her new order covers all affected children born in the U.S., making it the first post–Supreme Court nationwide injunction issued via class action in the birthright fight. The case, Casa Inc. et al v. Trump, continues as part of a broader legal battle over the limits ...
No reviews yet
In the spirit of reconciliation, Audible acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respect to their elders past and present and extend that respect to all Aboriginal and Torres Strait Islander peoples today.