“The Equal Protection argument against ‘winner take all’ in the Electoral College”

More pie-in-the-sky from Lessig.

If one were serious about pushing this argument, the time to advance it is not to try to change the outcome of an election already conducted.

So go ahead Larry, and try to get this resolved before 2020.  I don’t think it is getting anywhere, but at least it would allow courts to consider this theory when they know that doing so won’t upend what has already been done under rules everyone agreed were already in place.

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