Yes. But it seems highly unlikely at this point that the courts would act fast enough to stop the…
Joseph Keene
1

I agree that it is highly unlikely that the courts will get involved at this stage (mainly because I don’t see anyone filing suit; if they would, the courts would have to respond).

However, just as a matter of law, courts don’t make rulings that apply only to future cases. They make rulings based on existing facts / law. So they would never say “the EC isn’t fair this time around, but next time, here’s how we’ll do this.”

So if the judges believed the EC violates the Constitution, based on a lawsuit filed right now (by Clinton, or her voters, although not sure who has something even more technical called “standing” to pursue such a lawsuit), then the judges would rule accordingly, and that ruling would apply to this election (and future elections). If not, then only a constitutional amendment would help future elections.

As a practical matter, I don’t think there is any hope for 2016. However, I would very much like to see this issue litigated right this very minute.