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SCOTUS Rules 9-0 States Can Bind Faithless Electors

Posted on 7/6/20 at 9:17 am
Posted by CU_Tigers4life
Georgia
Member since Aug 2013
7512 posts
Posted on 7/6/20 at 9:17 am
Big win for the Electoral College!
Posted by Bamadiver
Member since Jun 2014
3226 posts
Posted on 7/6/20 at 9:17 am to
Is it?
quote:

Can Bind
Can, but will they?
Posted by ZZTIGERS
Member since Dec 2007
17092 posts
Posted on 7/6/20 at 9:18 am to
Darth Bader is a Nazi now?
Posted by FalseProphet
Mecca
Member since Dec 2011
11707 posts
Posted on 7/6/20 at 9:20 am to
quote:

Big win for the Electoral College!


Also a win for those pushing the popular vote compact. An elector can now be compelled, under pain of penalty, to vote for someone who doesn't win their state.

A state legislature can now basically compel electors to vote for whoever the legislature wants.

Posted by cajunangelle
Member since Oct 2012
146979 posts
Posted on 7/6/20 at 9:24 am to
quote:

The decision was unanimous from the high court and a blow to a Democratic-aligned movement to chip away at the Electoral College.

LINK
The democrats wanted Cally and NYCity deciding the election.
Posted by StringedInstruments
Member since Oct 2013
18426 posts
Posted on 7/6/20 at 9:26 am to
I always like to see unanimous rulings even if it’s against something I would want. Gives me a glimmer of hope that the Supreme Court isn’t fully partisan.
Posted by MrLarson
Member since Oct 2014
34984 posts
Posted on 7/6/20 at 9:29 am to
quote:

Can Bind Faithless Electors


Word should be MUST or it means nothing.

Posted by DarthRebel
Tier Five is Alive
Member since Feb 2013
21262 posts
Posted on 7/6/20 at 9:30 am to
quote:

Also a win for those pushing the popular vote compact. An elector can now be compelled, under pain of penalty, to vote for someone who doesn't win their state.

A state legislature can now basically compel electors to vote for whoever the legislature wants.


Not really

quote:

The Supreme Court ruled Monday that states can penalize presidential electors that go rogue and do not vote for the candidate who won their state, also known as faithless electors.
Posted by notsince98
KC, MO
Member since Oct 2012
18012 posts
Posted on 7/6/20 at 9:36 am to
quote:

A state legislature can now basically compel electors to vote for whoever the legislature wants.


I believe faithless electors are strictly defined as those not voting for the candidate that won the state. Therefore this ruling would prevent that. It has to go for the candidate that won the state.
Posted by DeusVultMachina
Member since Jul 2017
4245 posts
Posted on 7/6/20 at 9:49 am to
quote:

Also a win for those pushing the popular vote compact. An elector can now be compelled, under pain of penalty, to vote for someone who doesn't win their state.



No.
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
66662 posts
Posted on 7/6/20 at 9:51 am to
quote:

Word should be MUST or it means nothing.


It means the states have the power to if they want.

I think General states have a lot of leeway in determining how their electors vote.
Posted by BigJim
Baton Rouge
Member since Jan 2010
14499 posts
Posted on 7/6/20 at 9:55 am to
quote:

Is it?
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422797 posts
Posted on 7/6/20 at 9:56 am to
quote:

The Supreme Court ruled Monday that states can penalize presidential electors that go rogue and do not vote for the candidate who won their state

that's because the laws they were ruling over dictate electors must vote for that candidate

this ruling paves the way for the compact, because that will be the law of the state at that point
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422797 posts
Posted on 7/6/20 at 9:57 am to
quote:

I believe faithless electors are strictly defined as those not voting for the candidate that won the state. Therefore this ruling would prevent that. It has to go for the candidate that won the state.

states who want the compact will just change their laws to say the candidate who wins the national popular vote wins the state
Posted by SSpaniel
Germantown
Member since Feb 2013
29658 posts
Posted on 7/6/20 at 9:58 am to
quote:

this ruling paves the way for the compact, because that will be the law of the state at that point


Even if the compact disenfranchises the voters of the state?

That CAN'T be constitutional, can it?
Posted by SSpaniel
Germantown
Member since Feb 2013
29658 posts
Posted on 7/6/20 at 9:59 am to
quote:

states who want the compact will just change their laws to say the candidate who wins the national popular vote wins the state


That literally makes no sense.

A state could just as easily change their laws to say that "The electors of Tennessee will be bound to the candidate that the voters from the state of California chose."

And it'd have to stick?
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422797 posts
Posted on 7/6/20 at 10:00 am to
quote:

Even if the compact disenfranchises the voters of the state?

winner takes all disenfranchises voters of the state as well

quote:

That CAN'T be constitutional, can it?


it's certainly going to go up if it comes to fruition, but i think this ruling today provides a powerful precedent for it

the gay/trans ruling from a few weeks ago was absurd on its face but the court was boxed in by precedent. this is a long term strategy for the left. that's the only reason why this is 9-0. this is a "lose the battle to win the war" scenario
Posted by chalmetteowl
Chalmette
Member since Jan 2008
47675 posts
Posted on 7/6/20 at 10:01 am to
quote:

The Supreme Court ruled Monday that states can penalize presidential electors that go rogue and do not vote for the candidate who won their state, also known as faithless electors.
ok, they can, but how? Jail time for this kind of thing is anti American
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422797 posts
Posted on 7/6/20 at 10:01 am to
quote:

That literally makes no sense.

A state could just as easily change their laws to say that "The electors of Tennessee will be bound to the candidate that the voters from the state of California chose."

a 9-0 decision is a very powerful tool to allow states to choose how the electors must vote

this is going to be the argument when (not if) it comes up

you can't give states broad powers and then take it back when they use those powers in a way you don't like
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
48991 posts
Posted on 7/6/20 at 10:07 am to
quote:

SCOTUS Rules 9-0 States Can Bind Faithless Electors


HUGE

Even more important that it was unanimous. Comforting.

This should put to bed those concerns of rogue state agents sending electors for a different candidate.
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