The rhetoric coming from the White House lately has been very concerning. The President has indicated that he may refuse to accept defeat in the November election, and use every tool at his disposal to undo the results.Source: Guest opinion: Legislatures picking electors to the Electoral College: It could not only happen, it almost did...

A pair of faithless electors cases from 2016 have made their way to the Supreme Court. (Disclosure: I filed an amicus brief on behalf of myself in support of neither party here.) SCOTUSblog posts for Chiafalo v. Washington and Colorado Department of State v. Baca are here and here.Source: Oral argument analysis: Will the Tenth Amendment make a comeback in...

Since the 2016 election, some Democrats have raged against the Electoral College as an anti-democratic institution that does not reflect the will of the people. Some Republicans have defended the institution as protecting the power of small states and preserving the federal system.Source: The Coming Reckoning Over the Electoral College...