Who gets seat 435?

• Position: 1990 census gives Washington additional congressional representation

Following the reapportionment of the U.S. House of Representatives using 1990 census data, Washington's congressional representation grew from eight to nine seats because of population growth during the 1980s. However, if a recent court decision is allowed to stand, Washington may lose the newly acquired seat to Massachusetts.

On Feb. 20, 1992, a three-judge panel ruled that "counting overseas federal employees in the 1990 census for the purpose of apportioning seats in the United States House of Representatives among the states was arbitrary and capricious and an abuse of discretion in violation of the Administrative Procedure Act." The court found that the inclusion of overseas personnel resulted in the shift of a congressional seat from Massachusetts to Washington and ordered the clerk of the U.S. House to recertify each state's congressional delegation using census figures excluding overseas employees. This resulted in the Bay State reclaiming its 11th seat.

Overall, the 1990 census included 922,819 federal employees and their families who were not residing in the United States. Most of those were in the military, and Pentagon records were used to assign them to states. Overseas employees had been included...