Ruth Bader Ginsburg reveals the 'most disappointing' Supreme Court decision of her career

[stevenleser]

35. And by the way, the argument against it being improper is pretty strong. Namely Article 2 Section 1

of the Constitution. https://www.law.cornell.edu/constitution/articleii

Back in the early history of our country, State Legislatures in fact did choose the electors directly. And, Constitutionally speaking, they could do so again right now. Of course, any state legislature that did that would be voted out on their arses the next election day, but that doesnt mean they couldnt do it. The challenge against what the Florida State Legislature did would be that they chose one manner and after the fact chose to go with another. However, "Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors" makes it pretty explicit that the state legislature can do pretty much what it chooses regarding Presidential electors.

That argument would not be settled by the time it came for the electoral college to vote. Assuming a full statewide recount that showed Gore as the winner, two slates of electors would show up to congress to vote in the electoral college, Florida's votes would be disputed and thrown out, and without them, neither Gore nor Bush would have had 270 electoral votes throwing the Presidential election into the House of Representatives and the Vice Presidential election into the Senate.