§ 2c, requiring single-member districts, appears to conflict with the 1941 law, codified a 2 U.S.C § 2a(c), which provides options for at-large representation if a state fails to create new districts after the reapportionment of seats following a census. § 2c was a Senate amendment to a House-passed private immigration act—H.R. Section 2a(c) of Title 2 currently provides:
Until a State is redistricted in the manner provided by the law thereof after any apportionment, the Representatives to which such State is entitled under such apportionment shall be elected in the following manner: (1) If there is no change in the number of Representatives, they shall be elected from the districts then prescribed by the law of such State, and if any of them are elected from the State at large they shall continue to be so elected; (2) if there is an increase in the number of Representatives, such additional Representative or Representatives shall be elected from the State at large and the other Representatives from the districts then prescribed by the law of such State; (3) if there is a decrease in the number of Representatives but the number of districts in such State is equal to such decreased number of Representatives, they shall be elected from the districts then prescribed by the law of such State; (4) if there is a decrease in the number of Representatives but the number of districts in such State is less than such number of Representatives, the number of Representatives by which such number of districts is exceeded shall be elected from the State at large and the other Representatives from the districts then prescribed by the law of such State; or (5) if there is a decrease in the number of Representatives and the number of districts in such State exceeds such decreased number of Representatives, they shall be elected from the State at large. 2508 that 2 U.S.C. These apparently contradictory provisions raise questions about how Section 2(a)c, which provides for at-large House elections under certain circumstances, can be reconciled with Section 2c, which prohibits them. Supreme Court Addresses Tension Between Sections 2a(c) and 2c: Branch v. Smith

In Branch v. Smith , decided on March 31, 2003, the Supreme Court addressed the issue of how these two statutory provisions can be reconciled. Rejecting the original federal plaintiffs' argument, a majority of the Supreme Court held that the lower court was required to fashion a plan with single-member districts. § 2c, concluded that Section 2c "impliedly repealed" Section 2a(c). In 1967 Congress could have repealed Section 2a(c), as provided in the more far-reaching redistricting standards bill (H.R. ), a bill to establish a commission to make recommendations on the appropriate size of membership of the House of Representatives and the method by which Members are elected. 415 requires the commission to "examine alternatives to the current method by which Representatives are elected (including cumulative voting and proportional representation) to determine if such alternatives would make the House of Representatives a more representative body." Such recommendations, if ultimately enacted, could affect current federal statutory provisions governing single-member and at-large representation in the House of Representatives.
Section 2c of Title 2 of the U.S. Code requires members of the House of Representatives to be elected from single-member districts, however, Section 2a(c) requires Representatives to be elected at large if a state fails to create new districts after the reapportionment of seats following a decennial census. These apparently contradictory provisions raise questions about whether and under what circumstances federal law permits at-large representation in the House of Representatives. The legislative history of 2 U.S.C. § 2c is sparse because it was adopted as a Senate floor amendment to a House-passed private bill. In 1967, the same year that Section 2c was adopted, Congress had contemplated, but failed to pass, a more comprehensive bill that would have repealed Section 2a(c), thereby removing the apparent statutory inconsistencies. Addressing the tension between Section 2a(c) and Section 2c, as applied to a Mississippi redistricting plan, the Supreme Court in Branch v. Smith held that a federal district court was required to craft single-member districts. Although the issue remains unsettled, it appears that Section 2a(c) could provide options to the House of Representatives to seat an at-large delegation. H.R. 415 (108th Cong.), would establish a commission to make recommendations on the method by which Members of the House are elected, including examining alternatives to the current method. Such recommendations, if ultimately enacted, could affect current federal statutory provisions governing single-member and at-large representation in the House of Representatives.