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

Dear Professor Lessig,

Thank you for your persuasive and timely argument, which I became aware of this morning thanks to an article in The Independent by Charlotte England.

In response to the suggestion noted by you (and cited in that article), I sent the following email to Kamala Harris, my California Attorney General.

I deeply appreciate your insight, and I hope that many fellow Californians — and denizens of other large states such as New York — heed the call.

Having said that, I have a question for you (that comes now as an after-thought). Since California and New York were both won by Hillary Clinton in the November 8th election, why should voters in these states, or their Attorneys General, have a special case to plead? I would think it would be the voters in states won by Trump who would, rather, have special standing to plead for a redress of grievances. Can you kindly address this one point? Ah, well it’s true that my vote for Hillary was essentially thrown away due to the application of WTA in OTHER US States. Therefore, yes, actually ALL Californians and New Yorkers — and Americans — arguably have a grievance. I guess that’s the point, correct? Furthermore, OUR votes (in the large states like CA and NY) count for less than do the votes of voters in the smaller states — so this stands as a particular cause of just grievance . . .

With thanks,
David Raphael Israel


[copy of email, below]

Dear Kamala Harris,

I voted for both you and Hillary Clinton on November 8th. I’m delighted that you won, and grieved that Trump triumphed due to the unfair, and arguably UNCONSTITUTIONAL way the Electoral College vote is currently allocated in most States, including California.

A powerful and persuasive legal argument has been drafted (as described in this vital article — see link below) suggesting a correction to this unjust system. The writer of the linked article suggests that YOU, California’s Attorney General, have the ability and standing to petition the US Supreme Court for redress.

As an American and as your constituent in California, I urge you to consider and heed this call.

Thank you!

David Raphael Israel
Los Angeles, California


[ The above email was sent to Attorney General Kamala Harris at this general email address: ]

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