Muller on Yoo and Delahunty on the Twelfth Amendment and the Counting of Electoral Votes
A critique of John Yoo and Robert Delahunty's suggestion that the Vice President has a role in counting electoral votes.
Electoral College
Mike Johnson Is the Unlikely New Speaker of the House
Johnson is a relative newcomer to Congress who has never even chaired a committee, and he is a close ally of former President Donald Trump.
Trump's Georgia Indictment Raises Familiar Questions of Knowledge and Intent
The defendants will claim their alleged "racketeering activity" was a sincere effort to rectify election fraud.
Here Is Why Trump's Lawyers Say His Post-Election Conduct Was Constitutionally Protected
When he alleged fraud and sought help from government officials, they say, Trump was exercising rights guaranteed by the First Amendment.
Did Trump Really Believe the Election Was Stolen? Here Is Why It Matters.
The new federal charges against Trump depend on the assumption that his claims were "knowingly false."
Should Donald Trump and Hunter Biden Both Be Prosecuted?
Plus: A listener question concerning drug decriminalization and social well-being
Here Is Why Trump's 'Contingent' Electors Say They Did Nothing Illegal
Republicans who participated in the scheme say they relied on legal advice grounded in historical precedent.
Does Trump's 'Alternate' Electors Plan Justify Criminal Charges Against Them and Him?
The alleged state and federal felonies involve intent elements that may be difficult to prove.
Congress Moves Forward on Electoral Count Act Reform
The new legislation would fix many of the problems that helped lead to the attempt to overturn the results of the 2020 election.
House Passes Electoral Count Act Reform Bill
The bill is similar to that drafted by a bipartisan group of senators. Either version, or a reconciliation between the two, would be a major step forward relative to the status quo.
Why Are Democrats Dragging Their Feet on the Electoral Count Reform Act?
Biden says Republicans are plotting a repeat of 2020 in 2024. Maybe Congress should do something to prevent that?
Electoral Count Act Reform
This should be a high priority for the current Congress
Cross-Ideological Support for Electoral Count Act Reform
There are not many subjects on which Professors McConnell, Pildes, Foley and Smith agree.
The Real Enemies of Democracy
Putting criticisms of the Senate, Electoral College, and Supreme Court in perspective.
Is the Electoral Vote Count Act Unconstitutional?
An argument that Congress lacks the authority to reject electoral votes.
Ted Cruz's Legally Groundless Challenge to Biden's Electoral Votes Was a Disgrace That Should Follow Him Forever
Cruz plunged into the constitutional abyss while Rand Paul stepped back, refusing to sacrifice democracy and the rule of law.
'Our Democracy Would Enter a Death Spiral': McConnell Rebukes Electoral Challenge Minutes Before Protesters Storm Capitol
The warning came a bit too late.
Congress Suspends Electoral College Certification as Protesters Storm U.S. Capitol
Wild scenes are unfolding at the U.S. Capitol, which is now on lockdown amid clashes between pro-Trump protestors and police.
Only Two House Republicans Genuinely Believe Vote Counts Were Severely Compromised
Rep. Chip Roy (R-TX) called his colleagues' bluff yesterday.
Trump Promotes a Doomed Electoral Vote Challenge As Even Diehard Supporters Admit He Lost
The strategy of lodging objections under the Electoral Count Act has been tried before, but it has never succeeded.
Mitch McConnell and Several Other GOP Senators Finally Acknowledge Biden's Victory
The president and his diehard allies in Congress continue to insist the election was stolen.
The Electoral College: Keep or Replace? A Soho Forum Debate
Richard Epstein vs. Lawrence Lessig
State Legislatures and Presidential Electors
Trump's hope that state legislatures will replace Democratic presidential electors with Republican electors will be dashed.
Abolish the Electoral College? A Soho Forum Debate
Law professors Richard Epstein and Lawrence Lessig go head-to-head.
Joe Biden Declared Winner of Presidential Race
All major news organizations are now reporting that Biden has won enough Electoral College votes, even as Trump mounts potential legal challenges.
Our Curious Electoral System
Nebraska (!) may well turn out to have provided the critical vote for a Biden victory
A Very Interesting New Electoral College Work-Around
Those of you who dislike the Electoral College should find this idea of interest
Do We Really Need the Supreme Court to Decide the "Faithless Elector" Cases Now?
The Court could have, and probably should have, pushed these cases over to the 2020-21 Term
The Return of the "Faithless Elector"
The Supreme Court agrees to hear two cases on the scope of presidential elector discretion
Is the "Faithless Elector" Coming to the Supreme Court?
A recently-filed cert petition gives the Court a good opportunity to rule on the constitutional role of presidential electors
The Worst Defense of the Electoral College Yet
Will a popular vote produce more fraud?
Election Integrity and the Electoral College
One underappreciated benefit of voting by states.
The Electoral College Is Just OK
Somewhere south of "a work of genius"; somewhere north of "a disaster for our democracy."
Request for local counsel in Washington State
Amicus brief on electoral college discretion
Alexandria Ocasio-Cortez: 'Eliminate' Electoral College, It 'Undermines' Democracy
The socialist candidate fails to grapple with why we have the Electoral College in the first place.
Presidential electors can vote with discretion
Amicus brief explains that States cannot compel presidential electors to vote a certain way.
No, The Electoral College Isn't Rigged to Favor Rural Trumpism
It's time to put the myth of electoral bias out of its misery.
Don't Abolish The Electoral College, Abolish The Popular Vote
The popular vote doesn't matter, so why continue pretending that it does? It only causes confusion and frustration. There's better ways.
It's Electoral College Day and Donald Trump is STILL Going to Be President
In the unlikely event of a large revolt of "faithless electors," Congress will still make Trump president.
Liberal Celebrity Videos Failed to Stop Donald Trump, But Trump's Victory Has Failed to Stop Liberal Celebrity Videos
Martin Sheen, Moby, and others beg "Hamilton Electors" to stop Trump from taking the White House in earnest, incoherent video.
Why 'Hamilton Electors,' Who Would Make Hillary Clinton President, Are as Dead as Their Namesake
Desperate Democrats would subvert the Constitution to deny Donald Trump the Oval Office.
The Return of the Rogue Electors
Sometimes a member of the Electoral College doesn't vote the way he's pledged to vote. But will that actually change the outcome?
Could Trump Lose the Way Gore Lost?
Electoral College math makes victory a challenge.
The Other Way an Alternative Candidate Could Pick Up an Electoral Vote
When electors defect
Why Would Cruz Insult New Yorkers? Thank the Electoral College.
This outdated system gives him no reason to care about offending states he can't possibly win.
The Strange Source of Our Cuba Policy
What does the Electoral College have to do with our shunning of Cuba? Plenty.