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SCOTUS Rules 9-0 That States Can Require Electors To Vote For State's Winner

https://www.supremecourt.gov/opinions/19pdf/19-465_i425.pdf
Swashbuckling house
  07/06/20
All the libs agreed? Heh, I'm honestly impressed with them. ...
cerise thirsty scourge upon the earth
  07/06/20
its amazing they wasted their time taking such a dumb case w...
Swashbuckling house
  07/06/20
this basically means the national popular vote bullshit is d...
cerise thirsty scourge upon the earth
  07/06/20
i dont think this decision says anything about whether a sta...
Swashbuckling house
  07/06/20
I read the ruling as enabling the National Popular Vote Comp...
Diverse Ivory Base Clown
  07/06/20
no it means literally the opposite. states can direct electo...
razzmatazz maize multi-billionaire den
  07/06/20
"Held: A State may enforce an elector’s pledge to...
cerise thirsty scourge upon the earth
  07/06/20
Sure, but only because that's the system prescribed in each ...
costumed mahogany center goal in life
  07/06/20
oh OK. I'm not a lawyer I was just reading the words on the ...
cerise thirsty scourge upon the earth
  07/06/20
the stated basis for the holding is that the state has the p...
razzmatazz maize multi-billionaire den
  07/06/20
no
Pearl arrogant pistol newt
  07/06/20
Harvard/Yale judges all want the Popular Vote Electoral Comp...
Diverse Ivory Base Clown
  07/06/20
this was not a partisan case.
razzmatazz maize multi-billionaire den
  07/06/20
That’s just headline cases. My guess is 70% of cases a...
Fishy heaven
  07/06/20
Go here: https://www.scotusblog.com/reference/stat-pack/ ...
painfully honest flesh friendly grandma
  07/06/20
Interesting that 5-4 is the second most common voting split
Henna Step-uncle's House
  07/06/20
Interesting. Still shows they agree (7-2 or better) more tha...
Fishy heaven
  07/06/20
compared to this one, Roe v. Wade was based upon Constitutio...
Diverse Ivory Base Clown
  07/06/20
classic (((hehe))) ruling. imagine the chaos that would be u...
razzmatazz maize multi-billionaire den
  07/06/20
Lessig hit hardest. BUT THE HAMILTON ELECTORS!
Peach irate station
  07/06/20
Dammit beat me by a minute!
costumed mahogany center goal in life
  07/06/20
...
comical green partner home
  07/06/20
Lulziest part of this was the campaign for faithless elector...
costumed mahogany center goal in life
  07/06/20
https://www.youtube.com/watch?v=0z0iuWh3sek
Peach irate station
  07/06/20
lol
costumed mahogany center goal in life
  07/06/20
Lessig, lawyers to offer support to anti-Trump electors By ...
Peach irate station
  07/06/20
Currently a website advertising car parts: https://electorst...
costumed mahogany center goal in life
  07/06/20
Remember how after all that, the faithless ones were all Hil...
passionate field mad cow disease
  07/06/20
It was 180.
costumed mahogany center goal in life
  07/06/20
...
aqua big parlor crotch
  07/06/20
minstrel show
magenta balding doctorate
  07/06/20
this is bad for conservatives long term since faithless elec...
Obsidian church
  07/06/20
...
Fragrant double fault gay wizard
  07/06/20
any faithless elector voting for tucker, mcwhorter or anothe...
razzmatazz maize multi-billionaire den
  07/06/20
well now they cant so it doesnt matter
Obsidian church
  07/06/20
true, unless we run a real conservative and not a GC neocon ...
Nudist Idea He Suggested
  07/06/20
NOTHING IN THE CONSTITUTION SAYS
trip university
  07/06/20
Does this mean that electors MUST vote for a state's winner ...
Obsidian church
  07/06/20
Good question. Please revert back by end of day.
Ungodly amber pit people who are hurt
  07/06/20
"There has to be a case."
razzmatazz maize multi-billionaire den
  07/06/20
penalties for failure to do so are constitutional
Fishy heaven
  07/06/20
if any elector turns out to be faithless the state can just ...
razzmatazz maize multi-billionaire den
  07/06/20
I think the consensus on here the last time this came up was...
cream degenerate
  07/06/20
Article 2 just says each state shall appoint electors in suc...
Obsidian church
  07/06/20
i am not nearly enough of a conlaw scholar to know whether t...
cream degenerate
  07/06/20
probably fine tbh. the citizens of such a state can replace ...
Obsidian church
  07/06/20
...
Obsidian church
  05/15/22


Poast new message in this thread



Reply Favorite

Date: July 6th, 2020 10:59 AM
Author: Swashbuckling house

https://www.supremecourt.gov/opinions/19pdf/19-465_i425.pdf

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40554907)



Reply Favorite

Date: July 6th, 2020 11:03 AM
Author: cerise thirsty scourge upon the earth

All the libs agreed? Heh, I'm honestly impressed with them. The feeling I've gotten recently is that they're 100% partisan on every decision.

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40554929)



Reply Favorite

Date: July 6th, 2020 11:05 AM
Author: Swashbuckling house

its amazing they wasted their time taking such a dumb case when they take 80 cases a year

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40554941)



Reply Favorite

Date: July 6th, 2020 11:06 AM
Author: cerise thirsty scourge upon the earth

this basically means the national popular vote bullshit is dead right?

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40554947)



Reply Favorite

Date: July 6th, 2020 11:08 AM
Author: Swashbuckling house

i dont think this decision says anything about whether a state can require their electors to vote for the national popular vote winner. if anything, it helps imply that they can.

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40554957)



Reply Favorite

Date: July 6th, 2020 11:08 AM
Author: Diverse Ivory Base Clown

I read the ruling as enabling the National Popular Vote Compact to be enforced

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40554958)



Reply Favorite

Date: July 6th, 2020 11:09 AM
Author: razzmatazz maize multi-billionaire den

no it means literally the opposite. states can direct electors to vote however the state wants. whether that is by popular vote in the state or popular vote in the country or the candidate that comes first in alphabetical order

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40554964)



Reply Favorite

Date: July 6th, 2020 11:13 AM
Author: cerise thirsty scourge upon the earth

"Held: A State may enforce an elector’s pledge to support his party’s nominee—and the state voters’ choice—for President."

Doesn't "state voters' choice" mean they have to go with what the state's voters picked?

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40554999)



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Date: July 6th, 2020 11:17 AM
Author: costumed mahogany center goal in life

Sure, but only because that's the system prescribed in each of the states in question (i.e. those which have sanctions).

"Q: Enforceable?" is really the crux of it here. If it's enforceable that way, it's (probably) enforceable in any EV allocation system.

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40555012)



Reply Favorite

Date: July 6th, 2020 11:20 AM
Author: cerise thirsty scourge upon the earth

oh OK. I'm not a lawyer I was just reading the words on the surface level.

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40555032)



Reply Favorite

Date: July 6th, 2020 11:21 AM
Author: razzmatazz maize multi-billionaire den

the stated basis for the holding is that the state has the power to make electors stick to a pledge to vote in a certain manner

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40555035)



Reply Favorite

Date: July 6th, 2020 1:17 PM
Author: Pearl arrogant pistol newt

no

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40555653)



Reply Favorite

Date: July 6th, 2020 11:07 AM
Author: Diverse Ivory Base Clown

Harvard/Yale judges all want the Popular Vote Electoral Compact to replace the republic with a 50% national "democracy".

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40554954)



Reply Favorite

Date: July 6th, 2020 11:08 AM
Author: razzmatazz maize multi-billionaire den

this was not a partisan case.

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40554959)



Reply Favorite

Date: July 6th, 2020 11:34 AM
Author: Fishy heaven

That’s just headline cases. My guess is 70% of cases are 8-1 or 9-0

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40555084)



Reply Favorite

Date: July 6th, 2020 1:10 PM
Author: painfully honest flesh friendly grandma

Go here: https://www.scotusblog.com/reference/stat-pack/

Click any of the terms and look at Merits Cases by Vote Split.

Here's a summarizing table: https://files.catbox.moe/n4l26s.jpg



(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40555610)



Reply Favorite

Date: July 6th, 2020 4:50 PM
Author: Henna Step-uncle's House

Interesting that 5-4 is the second most common voting split

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40556942)



Reply Favorite

Date: July 6th, 2020 5:34 PM
Author: Fishy heaven

Interesting. Still shows they agree (7-2 or better) more than not

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40557188)



Reply Favorite

Date: July 6th, 2020 11:05 AM
Author: Diverse Ivory Base Clown

compared to this one, Roe v. Wade was based upon Constitutional reasoning

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40554943)



Reply Favorite

Date: July 6th, 2020 11:11 AM
Author: razzmatazz maize multi-billionaire den

classic (((hehe))) ruling. imagine the chaos that would be unleashed if scotus held that electors are free agents.

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40554975)



Reply Favorite

Date: July 6th, 2020 11:12 AM
Author: Peach irate station

Lessig hit hardest.

BUT THE HAMILTON ELECTORS!

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40554991)



Reply Favorite

Date: July 6th, 2020 11:13 AM
Author: costumed mahogany center goal in life

Dammit beat me by a minute!

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40554997)



Reply Favorite

Date: July 6th, 2020 2:07 PM
Author: comical green partner home



(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40555970)



Reply Favorite

Date: July 6th, 2020 11:13 AM
Author: costumed mahogany center goal in life

Lulziest part of this was the campaign for faithless electors in 2016 including the intended-to-be-flattering plea by various Hollywood types that they consider themselves to be "Hamilton electors" as if some Wisconsin county GOP chair was even going to have seen (let alone be bowled over with glee by) this only-on-Broadway diversapalooza thing.

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40554995)



Reply Favorite

Date: July 6th, 2020 11:19 AM
Author: Peach irate station

https://www.youtube.com/watch?v=0z0iuWh3sek

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40555027)



Reply Favorite

Date: July 6th, 2020 1:24 PM
Author: costumed mahogany center goal in life

lol

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40555690)



Reply Favorite

Date: July 6th, 2020 11:21 AM
Author: Peach irate station

Lessig, lawyers to offer support to anti-Trump electors

By KYLE CHENEY 12/05/2016 07:39 PM EST

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A prominent Harvard University law professor is teaming with a California-based law firm to offer legal support for any members of the Electoral College seeking to oppose President-elect Donald Trump in violation of state law.

Larry Lessig says his new effort, which he calls “The Electors Trust,” will provide free counsel to electors, provided by the midsize firm, Durie Tangri, whose partner Mark Lemley is a longtime associate of Lessig’s.

More significantly, Lessig said, the Trust will offer a platform – with guaranteed anonymity – for electors to strategize about stopping Trump from taking the White House. It’s a platform, he said, that could help electors coordinate to determine whether they’ve gathered enough support to stop Trump from winning the presidency.

“It makes no sense to be elector number five who comes out against Trump. But it might make sense to be elector 38,” Lessig said in a phone interview.

Lessig’s announcement, shared with POLITICO on the eve of the launch, comes as the first Republican member of the Electoral College has publicly declared his opposition to Trump. The elector, Chris Suprun of Texas, published an op-ed in The New York Times to announce his intentions to vote against Trump when the 538 members of the Electoral College cast the official vote for president on Dec. 19.

The announcement has buoyed a team of at least eight Democratic electors – based in Colorado and Washington – that has been working to lobby their Republican counterparts to reject Trump and instead support an alternative Republican candidate. On Monday, those electors signaled they were likely to select Ohio Gov. John Kasich as that alternative – and Suprun, in his op-ed, expressed the same preference.

The Democrats leading the effort, who have dubbed themselves “Hamilton Electors,” have argued that the emergence of the first committed Republican elector to reject Trump would embolden others to break from the Republican nominee. Their goal is to convince at least 36 other Republicans to oppose Trump, the minimum they need to block Trump’s election and send it to the House of Representatives.

Ads by Teads

On Dec. 19, Electoral College members will meet in their respective state capitals and cast the only constitutionally valid vote for president. Trump won the popular vote in states that include 306 electoral votes, and if all of them support him, well above the 270-vote threshold. That’s why anti-Trump electors are working to persuade 37 Republican electors to oppose Trump.

To bolster their effort, a team of lawyers backing the Hamilton Electors are preparing a wave of legal challenges intended to overturn laws in 29 states that purport to bind electors to their party’s nominee. But many constitutional scholars believe those laws – which have never been tested or enforced – run counter to the Founders’ conception of the Electoral College as a deliberative body.

Share on Facebook Share on Twitter

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40555034)



Reply Favorite

Date: July 6th, 2020 1:27 PM
Author: costumed mahogany center goal in life

Currently a website advertising car parts: https://electorstrust.org/

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40555713)



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Date: July 6th, 2020 11:37 AM
Author: passionate field mad cow disease

Remember how after all that, the faithless ones were all Hillary electors?

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40555102)



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Date: July 6th, 2020 1:29 PM
Author: costumed mahogany center goal in life

It was 180.

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40555720)



Reply Favorite

Date: July 6th, 2020 5:01 PM
Author: aqua big parlor crotch



(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40556996)



Reply Favorite

Date: July 6th, 2020 12:34 PM
Author: magenta balding doctorate

minstrel show

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40555370)



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Date: July 6th, 2020 11:14 AM
Author: Obsidian church

this is bad for conservatives long term since faithless electors is the only way they'll be able to win after EVs are recalculated following the 2020 census.

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40555003)



Reply Favorite

Date: July 6th, 2020 11:35 AM
Author: Fragrant double fault gay wizard



(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40555092)



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Date: July 6th, 2020 12:27 PM
Author: razzmatazz maize multi-billionaire den

any faithless elector voting for tucker, mcwhorter or another white supremacist would be lynched

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40555330)



Reply Favorite

Date: July 6th, 2020 1:19 PM
Author: Obsidian church

well now they cant so it doesnt matter

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40555669)



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Date: July 6th, 2020 12:34 PM
Author: Nudist Idea He Suggested

true, unless we run a real conservative and not a GC neocon or some JewCuck charlatan

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40555374)



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Date: July 6th, 2020 12:32 PM
Author: trip university

NOTHING IN THE CONSTITUTION SAYS

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40555362)



Reply Favorite

Date: July 6th, 2020 1:21 PM
Author: Obsidian church

Does this mean that electors MUST vote for a state's winner or just that penalties for failure to do so are constitutional? iow if an elector says fuck it and votes for the loser does the state have any recourse to change that elector's vote?

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40555678)



Reply Favorite

Date: July 6th, 2020 1:25 PM
Author: Ungodly amber pit people who are hurt

Good question. Please revert back by end of day.

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40555697)



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Date: July 6th, 2020 1:32 PM
Author: razzmatazz maize multi-billionaire den

"There has to be a case."

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40555741)



Reply Favorite

Date: July 6th, 2020 1:30 PM
Author: Fishy heaven

penalties for failure to do so are constitutional

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40555728)



Reply Favorite

Date: July 6th, 2020 1:38 PM
Author: razzmatazz maize multi-billionaire den

if any elector turns out to be faithless the state can just replace them

better question is what if a blue legislature in a purple state says fuck it we're appointing electors that are pledged to biden regardless of who the voters vote for

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40555801)



Reply Favorite

Date: July 6th, 2020 2:15 PM
Author: cream degenerate

I think the consensus on here the last time this came up was that you couldn't create a was to pledge electors that disenfranchised the voters of your own state.

However, what is to stop a blue legislature in a purple state from saying that the electors will be pledged to the candidate who wins the most votes in purple state and California combined? Can anyone think why that might not work?

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40556009)



Reply Favorite

Date: July 6th, 2020 4:46 PM
Author: Obsidian church

Article 2 just says each state shall appoint electors in such manner as the state legislature may direct. There's no reason a state couldn't dispense with popular elections and revert back to the original system where the electors are appointed by the governor. The legislature could direct them to cast their vote in whatever manner they want, and per this new scotus ruling they can punish them if they fail to follow those directions.

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40556920)



Reply Favorite

Date: July 6th, 2020 4:48 PM
Author: cream degenerate

i am not nearly enough of a conlaw scholar to know whether that is true or not.

but I do know that if the NPV compact is permissible, then a legislature in a purple state could create any measurement group, of which that state is a part, and pledge the electors to the winner of that measurement group.

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40556928)



Reply Favorite

Date: July 6th, 2020 4:52 PM
Author: Obsidian church

probably fine tbh. the citizens of such a state can replace their legislature and governor if they disagree with the process, or they can retain them if they agree with it.

(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#40556954)



Reply Favorite

Date: May 15th, 2022 6:38 PM
Author: Obsidian church



(http://www.autoadmit.com/thread.php?thread_id=4577623&forum_id=2#44517466)