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Igartúa v. United States

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Before Lynch, Chief Judge, Torruella and Lipez, Circuit Judges.

Plaintiff Gregorio Igartúa and others have brought suit claiming they and other U.S. citizen-residents of Puerto Rico have a right to vote for a Representative to the U.S. House of Representatives from Puerto Rico and a right to have Representatives from Puerto Rico in that body. Long ago, residents of Puerto Rico were granted U.S. citizenship by statute. See Pub. L. No. 368, ch. 145, § 5, 39 Stat. 951 (1917).

Igartúa’s putative class action claim is supported in part by the government of the Commonwealth of Puerto Rico, which has filed a brief amicus curiae and presented oral argument. The defendants are the United States, as well as the President of the United States, the Secretary of Commerce, and the Clerk of the United States House of Representatives, all in their official capacities. Among the remedies Igartúa seeks is an order directing these officials to “take all the necessary steps . . . to implement[] the apportionment of Representatives [in the] electoral process to Puerto Rico.”

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