“How Trump Is Running to Snatch Victory From the Jaws of Defeat, Again; Even if he decisively loses the national vote, the Electoral College can put him back in the White House.”

 Vinod Bakthavachalam and Reed Hundt NYT oped: The answer is that in this century the Electoral College system strongly encourages candidates of both parties, and particularly any Republican candidate, to ignore the national popular vote. That’s especially true for President Trump: The … Continue reading

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Breaking: Supreme Court Takes Colorado and Washington Faithless Elector Cases, Teeing Up Major Issue and Possible Uncertainty in 2020 Presidential Election

The Court’s order granting and consolidating the two cases is here. From my earlier Slate piece on these cases: As Lessig explained to me, the Supreme Court “should have the opportunity to reflect on the question without it determining an … Continue reading

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Derek Muller on Why the 10th Circuit’s Decision on Faithless Electors is Potentially Radical and Important (and Why the 10th Circuit en banc or SCOTUS Could Well Reverse on Procedural Grounds)

Always read Derek on the Electoral College: In the latest of a string of faithless elector litigation arising from the 2016 presidential election, the 10th Circuit issued a decision finding that Colorado wrongly removed an elector pledged to support Clinton … Continue reading

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Shenanigans Going on with Ohio Ballot Measure Purportedly Aimed at Getting State to Assign Electoral College Votes to the Popular Vote Winner

John Koza, the force behind the National Popular Vote initiative writes: Ohio news organizations have been trying to identify the mysterious backers of an initiative petition proposing an amendment to the Ohio Constitution requiring the Ohio legislature to guarantee the … Continue reading

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