First published in The Daily Beast, 13 December 2016
I’ve been back and forth with the Washington Post about an oped I submitted. I knew they were publishing it, though not sure when. My inbox this morning gives good evidence it was published last night.
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…
As Politico reported last night, we’ve launched The Electors Trust, a project of EqualCitizens.US.
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…
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…
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…
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…
