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Allow us to punish faithless electors, nearly half the states ask Supreme Court

There are now 23 states asking the Supreme Court to answer a basic question about the process of electing the president: Can they bind a member of the Electoral College to vote for the state's popular vote winner?

A group of 22 states on Wednesday asked the court to take up a case involving a so-called faithless elector in Colorado, who was dismissed and replaced in 2016 after refusing to vote for Hilary Clinton even though she won the state's popular vote. The elector challenged his dismissal in a lawsuit, which a lower court allowed to move forward.

The brief from Colorado's allies argues the court should reverse that decision, effectively giving a green light for states to enforce laws that require an elector to cast their votes for the candidate who carries their state. Thirty-two states have such laws.


Without guidance from the court, the Colorado case "creates considerable uncertainty regarding the authority of states when appointing presidential electors and the validity of laws binding electors to follow the will of the electorate," said the brief from the 22 state attorneys general.

The justices are also considering a case centered on three 2016 electors who got punished for their faithlessness by the state of Washington and want the court to rule that such binding laws are unconstitutional.

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Ed Martin’s Plan to Shame Trump's Enemies Threatens the Rule of Law

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Getty Images, Andrew Harnik

Ed Martin’s Plan to Shame Trump's Enemies Threatens the Rule of Law

For a long time, scholars, commentators, and officials have debated the efficacy of shame as a form of punishment. Opinion has been divided over the efficacy and appropriateness of using it as a response to a criminal conviction.

But nowhere did anyone ever suggest that shaming someone would be an acceptable reason to prosecute them. Until now.

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Congress Bill Spotlight: Preventing Presidential Inaugurations on MLK Day, Like Trump’s

Donald Trump takes office for his second term as the 47th President of the United States.

Getty Images, Pool

Congress Bill Spotlight: Preventing Presidential Inaugurations on MLK Day, Like Trump’s

The Fulcrum introduces Congress Bill Spotlight, a weekly report by Jesse Rifkin, focusing on the noteworthy legislation of the thousands introduced in Congress. Rifkin has written about Congress for years, and now he's dissecting the most interesting bills you need to know about, but that often don't get the right news coverage.

President Donald Trump falsely claimed his January 6, 2021 speech preceding the Capitol Building riot “had more people” in attendance than Dr. Martin Luther King Jr.’s “I Have a Dream” speech.

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RCV Momentum, Young Voters, and Faster Runoffs

RCV Momentum, Young Voters, and Faster Runoffs

RCV Momentum, Young Voters, and Faster Runoffs - This Week’s Expand Democracy 5

Welcome to the latest edition of The Expand Democracy 5. From Rob Ritchie, with Eveline Dowling’s help, we explore five ways democracy is evolving—locally, nationally, and globally. Today's stories include:

🌟 Future of RCV is Bright - Energy & trends favor voter choice

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Just the Facts: Trump Administration Pauses International Student Visas
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Just the Facts: Trump Administration Pauses International Student Visas

The Fulcrum strives to approach news stories with an open mind and skepticism, striving to present our readers with a broad spectrum of viewpoints through diligent research and critical thinking. As best we can, we remove personal bias from our reporting and seek a variety of perspectives in both our news gathering and selection of opinion pieces. However, before our readers can analyze varying viewpoints, they must have the facts.

Has the Trump administration put a hold on issuing student visas for this coming fall?

The Trump administration has paused new student visa interviews as part of an effort to expand social media screening for applicants. The State Department has instructed U.S. embassies and consulates to stop scheduling new student and exchange visitor visa appointments until further guidance is issued. However, previously scheduled interviews will still proceed.

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