A D.C. advocacy organization filed a lawsuit Monday to try yet again to secure D.C. residents full voting rights in Congress.
The lawsuit is shepherded by DC Appleseed, an organization that has previously advocated for congressional voting rights for the city’s residents. It names 10 plaintiffs who live across seven of the city’s wards (the lawsuit does not have a plaintiff from Ward 8, though D.C. Appleseed Executive Director Walter Smith says one will be added shortly), and argues that D.C.’s lack of congressional representation violates several constitutional provisions: due process, equal protection, and freedom of association under the First Amendment.
Several D.C.-area politicians, including congressional Delegate Eleanor Holmes Norton, have come out in support of the suit. Norton, D.C. Attorney General Karl Racine, and a representative for Mayor Muriel Bowser’s office spoke in favor of the suit at a press conference on Monday.
“With record early voting already in progress, no Americans are more ready for change than D.C. residents, who pay the highest federal taxes per capita and have no voting representation in Congress,” Norton said in a prepared statement at the press conference. “We are therefore enormously grateful to Walter Smith and DC Appleseed and to the law firm of Harris Wiltshire and Grannis for coming forward with new and particularly encouraging litigation to obtain D.C. voting rights in the House and Senate.” Norton is a non-voting delegate who is ostensibly on Capitol Hill to advocate for D.C. residents, but has no real power to sway outcomes with a floor vote of her own.
Three of the plaintiffs in the lawsuit also spoke at the conference. “It’s one thing to hear in the abstract about the denial of the vote, but it’s another thing to see it like this,” says Smith of DC Appleseed. “These are hardworking people who play by the rules, pay their taxes … and somehow don’t get the same rights as other Americans?”
According to Smith, the organization is confident that the lawsuit’s arguments are strong enough to win. He knows, however, that the process of seeing the suit through to the end will likely take years. “The reason we’re bringing this now, just before the midterms, is so people can see that we can’t go to the polls, so we have to go to the court,” Smith says. “We are hoping it will bring some visibility to the lack of Democracy facing District residents.”
The defendants in the case are the United States and several elected officials, including President Donald Trump, Vice President Mike Pence, and House Speaker Paul Ryan.
This isn’t the first lawsuit of its kind ever to be brought against the federal government. Back in 2000, the United States Supreme Court ruled against voting advocates, who had brought two lawsuits claiming that the lack of D.C. voting representation on Capitol Hill violated the Constitution. The justices held that, because D.C. is not a state, the Constitution does not guarantee its residents congressional representation.
Natalie Delgadillo