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BGBD

(3,282 posts)
15. It goes beyond that
Mon Jul 6, 2020, 12:17 PM
Jul 2020

This isn't such a narrow decision that it only applies to a specific case of not following the states voting choice. The decision holds that states have complete power to choose how their electors are decided, so long as the Constitution doesn't otherwise exclude that power. So, if a state has a law saying the state will choose electors based on the winner of the national popular vote, this decision holds that the electors must vote for that person or they can be removed.

There will certainly be more challenges to it later based on interstate agreements, but that will not stop it from happening since it's not really reliant on that. A state can clearly write a law with the provision that it not be enforced until a certain point, such as when enough other states pass similar laws. This decision will prevent any electors from arguing that they can not be compelled to vote for the US popular vote winner.

I know conservatives are crowing about this, although a faithless elector has never actually hurt them, but it's a win for us.

I thought they didn't want to touch elections with a ten foot pole /nt bucolic_frolic Jul 2020 #1
Copy of the Court's 9-0 opinion (.pdf).... PoliticAverse Jul 2020 #2
States have a lot of leeway in handling their electors. Kaleva Jul 2020 #3
"States May Require" jayfish Jul 2020 #4
There is no constitutional requirement that mandates a state's electors vote for the winner. Kaleva Jul 2020 #5
No, but there are state laws with penalties nt Fiendish Thingy Jul 2020 #8
If the penalty is financial, then elected offices are up for auction lindysalsagal Jul 2020 #14
They either do, or they don't. not_the_one Jul 2020 #9
The "electoral college" doesn't say anything FBaggins Jul 2020 #12
Precisely. Igel Jul 2020 #27
... There has until now been no such stipulation, Ghost Dog Jul 2020 #6
Here is the list of states that require electors to vote for the winner in their state Kaleva Jul 2020 #7
Thank you Ghost Dog Jul 2020 #30
The CT that has been posted over the weekend is that Trump will challenge the popular vote Fiendish Thingy Jul 2020 #10
It isn't up to the legislature to certify the electors in several swing states. Kaleva Jul 2020 #16
That's my point - the CT doesn't take that fact into consideration Fiendish Thingy Jul 2020 #19
My hope is AC_Mem Jul 2020 #25
The only reason he wants to win is to avoid jail and the label of "loser" nt Fiendish Thingy Jul 2020 #26
This is good for us. BGBD Jul 2020 #11
This doesn't impact the constitutionality (or lack thereof) of the consortium FBaggins Jul 2020 #13
It goes beyond that BGBD Jul 2020 #15
It does not appear to do so FBaggins Jul 2020 #18
It does BGBD Jul 2020 #20
Nope FBaggins Jul 2020 #22
Wrong BGBD Jul 2020 #24
Two of the most important people, Madison and Hamilton, who devised the Electoral College marie999 Jul 2020 #17
Hamilton and Madison BGBD Jul 2020 #21
'The court said states may require members of the Electoral College to vote elleng Jul 2020 #23
So what happens if an elector votes "against" her state's choice? JustABozoOnThisBus Jul 2020 #28
This Wikipedia page has an excellent list of all past faithless electors... PoliticAverse Jul 2020 #29
Latest Discussions»Latest Breaking News»Supreme Court says states...»Reply #15