“‘Faithless Electors’ Could Tip the 2020 Election. Will the Supreme Court Stop Them?”
Adam Liptak Sidebar column.
I wrote about this case earlier at Slate.
Category Archives: electoral college
Faithless Elector Lawsuit Arrives at SCOTUS
Here is the cert petition (via Ariane de Vogue):
This petition presents a clear split in authority between state and federal courts on a critically important question of federal constitutional law: whether, after appointment, a state may by law… Continue reading
“The Coming Reckoning Over the Electoral College; A ploy to bring the issue to the Supreme Court could backfire.”
I have written this piece for Slate. It begins:
Since the 2016 election, some Democrats have raged against the Electoral College as an anti-democratic institution that does not reflect the will of the people. Some Republicans have defended the institution… Continue reading
“Preparing for a Disputed Presidential Election: An Exercise in Election Risk Assessment and Management”
Ned Foley has posted this very important draft on SSRN. Here is the abstract:
Congress could face a disputed presidential election triggered, not necessarily by foreign interference, but by the ballots counted after Election Night that cause the initial apparent… Continue reading
“Can states control how presidential electors vote?”
Lyle Denniston for Constitution Daily:
When the Supreme Court reopens a new session in October, awaiting the Justices in the pile of work that built up over their summer recess will be a major constitutional case over how America elects… Continue reading
“Electoral College Members Can Defy Voters’ Wishes, Court Rules”
NYT:
Lawrence Lessig, a Harvard law professor who founded the group that brought the case, Equal Citizens, said it was the first time a federal appeals court had ruled on whether electors could be bound in how they… Continue reading
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
“Tenth Circuit Rules 2-1 that Presidential Elect[ors] May Not be Removed for Casting an Electoral College Vote for the “Wrong” Candidate”
BAN:
On August 20, the Tenth Circuit ruled 2-1 that presidential electors have the constitutional right to vote for anyone who meets the constitutional qualifications to be president. Baca v Griswold, 18-1173. This is the first time any court has… Continue reading
Oct. 18-19 Conference at Harvard Law on the Electoral College
Looking forward to participating in this conference coming at a key time:
The Electoral CollegeOpen Questions, Paths ForwardHomeAboutRegisterAgendaPanel ChairsKeynote SpeakersConference OverviewFew institutions are as important to shaping the future of the United… Continue reading
“How Trump could lose by 5 million votes and still win in 2020”
David Wasserman does some Electoral
College math.
“Why Was the Electoral College Created?”
The History Channel has
an explainer.
“Presidential popular vote compact would lead to chaos”
Sean Parnell, over at The Hill, notes some concerns about the National Popular Vote compact.
Some of these concerns have to do with the fact that different states have different rules for administering elections. I’ve got mixed emotions about… Continue reading
“A question to repeal national popular vote compact in Colorado is poised for 2020 ballot”
Advocates say
they’ve got the signatures.
An extra note of significance:
If certified for the ballot, it would be the first time since The Great Depression that Colorado voters would decide whether to repeal or reaffirm a law approved… Continue reading