Johnson is executive director of Election Reformers Network, an organization of election experts advancing nonpartisan reforms to U.S. democratic institutions.
With all eyes on the threats outsiders pose to the next presidential election, it seems we have forgotten the self-made dysfunction at the center of our democracy. Another presidential election approaches, with another victory to the popular vote loser a distinct possibility. Campaigns will again focus exclusively on a handful of states, and voting will be an inconsequential civic gesture for the vast majority. Other pitfalls lurk that we largely ignore, like another Florida-style recount or the decision getting "thrown to the House," which could give final say to the minority party.
A verdict Wednesday from the 10th U.S. Circuit Court of Appeals in Denver may add another Jack-in-the-box element: electors free to vote as they choose, regardless of the results in their state. If the Supreme Court agrees that Colorado's removal of a faithless elector in 2016 was unconstitutional, a new level of uncertainty will pervade our presidential elections.
A solution to these many problems, the National Popular Vote, has made considerable progress in blue states this year, but faces a long road. NPV needs to win enactment in purple states like Wisconsin and Pennsylvania, and then survive this Supreme Court, where the majority seems to have little concern for the needs of our democracy, as the Rucho v. Common Cause decision illustrates. In the words of scholar Edward Foley, the majority "rejects the primacy of democracy as an organizing constitutional principle."
At least with stopping partisan gerrymandering, we have a fallback after the Supreme Court decided not to act: state level independent redistricting commissions. We have no such developed, viable alternative to NPV; Rucho makes clear it is time to start working on one.
Johnson is the dean and professor of public interest law and Chicana/o studies at University of California, Davis.
Immediately before the Supreme Court's summer recess each year, it releases decisions in some of its most challenging and significant cases.
This year was no different.
On June 27, the last day of the term, the Supreme Court decided Department of Commerce v. New York, a case exploring legal issues surrounding the addition of the question, “Is this person a citizen of the United States?," on the 2020 census.
The decision is of great practical importance, as the final numbers generated by the census will affect representation in Congress, allocation of federal dollars and much more. The political implications of the citizenship question made the case politically volatile and controversial.