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

Bird Flu and the Battle Against Emerging Diseases

A test tube with a blood test for h5n1 avian influenza. The concept of an avian flu pandemic. Checking the chicken for diseases.

Getty Images//Stock Photo

Bird Flu and the Battle Against Emerging Diseases

The first human death from bird flu in the United States occurred on January 6 in a Louisiana hospital, less than three weeks before the second Donald Trump administration’s inauguration. Bird flu, also known as Avian influenza or H5N1, is a disease that has been on the watch list of scientists and epidemiologists for its potential to become a serious threat to humans.

COVID-19’s chaotic handling during Trump’s first term serves as a stark reminder of the stakes. According to the Centers for Disease Control (CDC) and Prevention, last year, 66 confirmed human cases of H5N1 bird flu were reported in the United States. That is a significant number when you consider that only one case was recorded in the two previous years.

Keep ReadingShow less
H-1B Visas, Cultural Failures, Weapons of Economic War

Illustrative picture showing application for USA H1B visa

Getty Images//Stock Photo

H-1B Visas, Cultural Failures, Weapons of Economic War

Elon Musk and Vivek Ramaswamy both came out recently in favor of expanding the H-1B visa program. This program allows large corporations to claim they cannot find adequate skilled talent (engineers for example) and sponsor a foreign worker to enter the United States to fill the required role.

The program itself is rife with abuse and inevitably and negatively affects American citizens by adding to the supply of talent and inevitably decreasing the price of such talent (wages).

Keep ReadingShow less
Finding meaning in a tragedy that defies understanding

A barn burning during a wildfire.

Getty Images//Photographer: David Odisho/Bloomberg

Finding meaning in a tragedy that defies understanding

The devastation caused by the recent fires in Los Angeles has been heartbreaking. The loss of life and property, and the grief that so many are experiencing, remind us of the vulnerability of everything in life.

Nothing is permanent. There are no guarantees for tomorrow. We are all so fragile and that fragility so often leads to breaking. And it hurts.

Keep ReadingShow less
Biden and Trump Take Credit For Gaza Ceasefire

Palestinians gather to celebrate after the announcement of an cease-fire agreement between Israel and Hamas in Ramallah, West Bank on January 15, 2025.

(Photo by Issam Rimawi /Anadolu via Getty Images)

Biden and Trump Take Credit For Gaza Ceasefire

WASHINGTON— On Wednesday, both U.S. President Joe Biden and President-elect Donald Trump took credit for a ceasefire-for-hostages agreement related to the conflict in Gaza. This deal, which had been in the works for several months, received additional support from an envoy associated with Trump, helping to facilitate its completion.

In announcing the ceasefire, Biden noted the final deal largely mirrored the framework of a proposal he made back in May, Reuters reported. He smiled when a reporter asked who the history books will credit for the ceasefire and asked, "Is that a joke?"

Keep ReadingShow less