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Two states asking Supreme Court for permission to regulate Electoral College conduct

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This story was updated Nov. 21 with additional information.

Colorado has become the second state to ask the Supreme Court to decide if states may legally bind their presidential electors to vote for the candidate who carried their state.

The issue of so-called faithless electors is the latest aspect of an increasingly heated debate about the virtues and flaws of the Electoral College that has blossomed, especially among progressive democracy reform advocates, now that two of the past five presidential winners (Donald Trump in 2016 and George W. Bush in 2000) got to the Oval Office despite losing the national popular vote.


Last week, three electors from Washington — who were fined for voting for Colin Powell in 2016 instead of Hilary Clinton, the state's popular vote winner — filed a similar petition with the court. The fines were upheld by the state Supreme Court. In response, Washington told the high court in D.C. that "nothing in the text of the Constitution or its historical implementation precludes states" from passing laws to bind electors.

One of Colorado's nine electors also refused to vote for Clinton despite an order by the state's top elections official, who subsequently replaced the elector with someone who did. The elector sued, arguing a state law that mandates which candidate an elector must vote for was unconstitutional.

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Thirty-two states have laws binding an elector's vote to the winner of the popular vote, but neither the Constitution nor federal law requires that Electoral College members adhere to state results.

A lower court dismissed the Colorado case, saying the elector was not eligible to sue. The 10th U.S. Circuit Court of Appeals in Denver reversed part of the decision, however, saying the elector could challenge his dismissal.

At a news conference Wednesday, Colorado Attorney General Phil Weiser, who filed the petition with the Supreme Court, said the issue represented "a threat to the shared understanding of how our constitutional democracy works."

"Voters are expecting their votes to be delivered," said Weiser, a Democrat.

Colorado's Democratic secretary of state, Jena Griswold, defended the state's law intended to prevent faithless electors. "The idea that nine electors in Colorado that are unelected, unaccountable and that Coloradans really don't know could disregard our state law and the outcome of the general election is really unfathomable," she said. "This is a major decision, and we are hopeful the Supreme Court will do the right thing and protect our constitutional democracy."

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The argument that water fluoridation takes away personal choice is one of the most persuasive stances against its use. Why not leave fluoride in toothpaste and mouthwash, giving people the freedom to use it or not, some argue.

This perspective is understandable, but it overlooks the broader goals of public health. Fluoridation is like adding iodine to salt or vitamin D to milk. These are measures that prevent widespread health issues in a simple, cost-effective way. Such interventions aren’t about imposing choices; they’re about providing a baseline of protection for everyone.

Without fluoridated water, low-income communities would bear the brunt of increased dental disease. Children, in particular, would suffer more cavities, leading to pain, missed school days and costly treatments. Public health policies aim to prevent these outcomes while balancing individual freedoms with collective well-being.

For those who wish to avoid fluoride, alternatives like bottled or filtered water are available. At the same time, policymakers should continue to ensure that fluoridation levels are safe and effective, addressing concerns transparently to build trust.

As debates about fluoride continue, the main question is how to best protect everyone’s oral health. While removing fluoride might appeal to those valuing personal choice, it risks undoing decades of progress against tooth decay.

Whether through fluoridation or other methods, oral health remains a public health priority. Addressing it requires thoughtful, evidence-based solutions that ensure equity, safety and community well-being.The Conversation

Noureldin is a clinical professor of cariology, prevention and restorative dentistry at Texas A&M University.

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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