On the Ethics of Electors

First published in The Daily Beast, 13 December 2016

The Other 94 percent

If you voted for Donald Trump during the primaries. This is not for you. Go ahead, I’ll give you a second or two to hit the back button or click on something else…

Okay, now that it is just the other 94 percent of us that either voted for someone else or that did…

On the Equal Protect Clause argument and the National Popular Vote project

A number of people have written to ask whether prevailing on an Equal Protection Clause claim against “winner-take-all” would also render vulnerable the National Popular Vote project. Short answer…

The Electors Trust

As Politico reported last night, we’ve launched The Electors Trust, a project of EqualCitizens.US.

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

Continuing the conversation with Orin: on how traditions happen

Orin Kerr’s reply to my reply to his critique of my Washington Post op-ed nicely (in both the sense of decently, and helpfully) frames what is, in my view, the critical question for how we understand the institution of…

On what Noah misses: the continuing debate about the electoral college

My friend and colleague Noah Feldman is angry that I would be so “cavalier” about “following the procedures … that shape our constitutional norms.” In my view, however, it is in understanding those procedures…

A response to Professor Kerr

Orin Kerr is uncertain that old and new can mix. As he writes in response to my Washington Post op-ed:

It’s hard to have electors follow an ancient principle that gives them independent judgment and yet simultaneously follow a newer principle that takes…

Rick Hasen: “But not to ignore it…”: What is “it”?

Rick Hasen—who among lawgeeks is the dean of election law—is troubled by my oped about the electoral college. As he concludes:

This seems to go against rule of law ideas that we all abide by the rules for an election…