Whether the Administrative Procedure Act and Mandamus Act provide procedural rights to challenge the Secretary of Commerce's apportionment report under the 14th Amendment's Reduction Clause

To apportion U.S. House of Representatives seats, the 14th Amendment, Section 2 (the Reduction Clause), and 2 U.S.C 6 require an additional procedure after the “actual Enumeration” in Article I, Section 2. The Reduction Clause directs, with exceptions, each state’s “basis of representation . . . shall be reduced” to the extent that state denies or abridges its citizens’ rights to vote. Congress delegated responsibility to the Secretary of Commerce, every decade, to report on “the apportionment.” 13 U.S.C. 141(b). No one can deny that some states have denied or abridged some citizens’ rights to vote, yet the Secretary’s 2021 Report did no reducing. It ultimately apportioned one fewer seat to two states where Citizens for Constitutional Integrity’s members reside and vote. The questions presented are: 1. Whether the Administrative Procedure Act and the Mandamus Act gave Citizens procedural rights to claim the Secretary failed to complete the 14th Amendment, Section 2, and 2 U.S.C. 6 procedure when issuing the 2021 Report. 2. Whether, when a plaintiff demonstrates agency action apportioned fewer Congressional seats to states where the plaintiff's members reside and vote, the plaintiff established fair traceability to claim the agency based that action on an improper legal ground. ©