Skip to content
Search

Latest Stories

Top Stories

Presidential electors must follow the wishes of the state's voters, court rules

Colorado Attorney General Phil Weiser

Colorado Attorney General Phil Weiser argued by telephone before the Supreme Court in May that states should be able to force presidential electors to follow the wishes of voters.

RJ Sangosti/Getty Images

The Supreme Court ruled unanimously on Monday that states may require presidential electors to cast their ballots for the candidate chosen by popular vote.

The decision, written by Justice Elena Kagan, appears to end the quixotic pursuit of a legal endorsement for "faithless electors" — Electoral College delegates who want to follow their own conscience instead of the voters' wishes.

By clearly rejecting the idea that electors can vote however they want, the ruling removes one strategy that opponents of President Trump attempted to use in 2016 and may have wanted to employ again if Trump were reelected this fall.


Kagan concluded that the electors have "no ground for reversing the vote of millions of its citizens."

"That direction accords with the Constitution — as well as with the trust of a nation that here, We the People rule," she concludes.

Kagan's opinion, which includes references to the TV show "Veep" and the smash-hit Broadway musical "Hamilton," was joined by all of the justices except Clarence Thomas and Neil Gorsuch.

The two endorsed the outcome of the ruling but disagreed with Kagan's reasoning that the prohibition on electors going their own way was based on the Constitution.

Instead, they say the matter is not clear in the Constitution and therefore is left to the states.

Sign up for The Fulcrum newsletter

The case emerged from the state of Washington, where three Democratic electors pledged by state law to support Hillary Clinton in 2016 decided to cast their ballots for someone else. The three hoped to convince others to follow their example, particularly those in states won by Trump. Their goal was to deprive him of a majority of electors and throw the election into the House. The electors voted for former Secretary of State Colin Powell, but they were replaced and fined $1,000 each.

The electors issued legal challenges but lost in district court and state Supreme Court.

Meanwhile, the U.S. Court of Appeals for the 10th Circuit ruled the opposite way in a case involving a faithless elector in Colorado. That court said the Constitution gave electors some discretion in casting their votes.

The Supreme Court took up the case to resolve the conflict.

Paul Smith, vice president of the Campaign Legal Center, said the ruling was correct because it eliminates the danger that a candidate could buy an election.

"If electors had been turned loose to violate state law and ignore state's voters, they would have been free to accept contributions from wealthy special interests who want to influence our politics," Smith wrote.

Read More

Joe Biden being interviewed by Lester Holt

The day after calling on people to “lower the temperature in our politics,” President Biden resort to traditionally divisive language in an interview with NBC's Lester Holt.

YouTube screenshot

One day and 28 minutes

Breslin is the Joseph C. Palamountain Jr. Chair of Political Science at Skidmore College and author of “A Constitution for the Living: Imagining How Five Generations of Americans Would Rewrite the Nation’s Fundamental Law.”

This is the latest in “A Republic, if we can keep it,” a series to assist American citizens on the bumpy road ahead this election year. By highlighting components, principles and stories of the Constitution, Breslin hopes to remind us that the American political experiment remains, in the words of Alexander Hamilton, the “most interesting in the world.”

One day.

One single day. That’s how long it took for President Joe Biden to abandon his call to “lower the temperature in our politics” following the assassination attempt on Donald Trump. “I believe politics ought to be an arena for peaceful debate,” he implored. Not messages tinged with violent language and caustic oratory. Peaceful, dignified, respectful language.

Keep ReadingShow less

Project 2025: The Department of Labor

Hill was policy director for the Center for Humane Technology, co-founder of FairVote and political reform director at New America. You can reach him on X @StevenHill1776.

This is part of a series offering a nonpartisan counter to Project 2025, a conservative guideline to reforming government and policymaking during the first 180 days of a second Trump administration. The Fulcrum's cross partisan analysis of Project 2025 relies on unbiased critical thinking, reexamines outdated assumptions, and uses reason, scientific evidence, and data in analyzing and critiquing Project 2025.

The Heritage Foundation’s Project 2025, a right-wing blueprint for Donald Trump’s return to the White House, is an ambitious manifesto to redesign the federal government and its many administrative agencies to support and sustain neo-conservative dominance for the next decade. One of the agencies in its crosshairs is the Department of Labor, as well as its affiliated agencies, including the National Labor Relations Board, the Equal Employment Opportunity Commission and the Pension Benefit Guaranty Corporation.

Project 2025 proposes a remake of the Department of Labor in order to roll back decades of labor laws and rights amidst a nostalgic “back to the future” framing based on race, gender, religion and anti-abortion sentiment. But oddly, tucked into the corners of the document are some real nuggets of innovative and progressive thinking that propose certain labor rights which even many liberals have never dared to propose.

Sign up for The Fulcrum newsletter

Keep ReadingShow less
Donald Trump on stage at the Republican National Convention

Former President Donald Trump speaks at the 2024 Republican National Convention on July 18.

J. Conrad Williams Jr.

Why Trump assassination attempt theories show lies never end

By: Michele Weldon: Weldon is an author, journalist, emerita faculty in journalism at Northwestern University and senior leader with The OpEd Project. Her latest book is “The Time We Have: Essays on Pandemic Living.”

Diamonds are forever, or at least that was the title of the 1971 James Bond movie and an even earlier 1947 advertising campaign for DeBeers jewelry. Tattoos, belief systems, truth and relationships are also supposed to last forever — that is, until they are removed, disproven, ended or disintegrate.

Lately we have questioned whether Covid really will last forever and, with it, the parallel pandemic of misinformation it spawned. The new rash of conspiracy theories and unproven proclamations about the attempted assassination of former President Donald Trump signals that the plague of lies may last forever, too.

Keep ReadingShow less
Painting of people voting

"The County Election" by George Caleb Bingham

Sister democracies share an inherited flaw

Myers is executive director of the ProRep Coalition. Nickerson is executive director of Fair Vote Canada, a campaign for proportional representations (not affiliated with the U.S. reform organization FairVote.)

Among all advanced democracies, perhaps no two countries have a closer relationship — or more in common — than the United States and Canada. Our strong connection is partly due to geography: we share the longest border between any two countries and have a free trade agreement that’s made our economies reliant on one another. But our ties run much deeper than just that of friendly neighbors. As former British colonies, we’re siblings sharing a parent. And like actual siblings, whether we like it or not, we’ve inherited some of our parent’s flaws.

Keep ReadingShow less
Constitutional Convention

It's up to us to improve on what the framers gave us at the Constitutional Convention.

Hulton Archive/Getty Images

It’s our turn to form a more perfect union

Sturner is the author of “Fairness Matters,” and managing partner of Entourage Effect Capital.

This is the third entry in the “Fairness Matters” series, examining structural problems with the current political systems, critical policies issues that are going unaddressed and the state of the 2024 election.

The Preamble to the Constitution reads:

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

What troubles me deeply about the politics industry today is that it feels like we have lost our grasp on those immortal words.

Keep ReadingShow less