Posted by: maboulette | November 17, 2016

Suing the Electoral College – All 538 of Them


electoral-college

Even as much of the nation remains in shock and horror over the idea that unstable extremist Donald Trump is on track to become President regardless of getting two million fewer votes than Hillary Clinton due to an Electoral College quirk, there has been a populist movement to push the Electoral College to make the unparalleled move of changing the election when it meets in December. And now a prominent Hillary Clinton supporter is taking things one definitive step further.

UNPRECEDENTED

In a move which is unprecedented in its own right, Los Angeles based attorney John S. Birke has filed suit against all five hundred and thirty-eight members of the Electoral College in an endeavour to legally force them to change their votes and award the Presidency to Hillary Clinton, in line with the will of the voting public.

LEGAL ARGUMENT

His legal argument (as explained in the Los Angeles Daily News) is that, due to the manner in which Electoral College votes are apportioned, citizens in a small state are given far more representation than citizens in a larger state.

FIRST OF ITS KIND

It’s not clear what if any headway he might be able to make in this regard. Although he is factually correct in his argument about the Electoral College disproportionately favoring some citizens over others, he’s facing the fact that the Electoral College was laid out in the Constitution itself. It’s unclear what path a judge could use for essentially ruling that a segment of the Constitution itself is unconstitutional.

DON’T COUNT ON IT

So barring a surprise ruling, no one supporting Hillary Clinton should be holding their breath. But the mere fact that the lawsuit has been filed, to the best of anyone’s knowledge the first of its kind in American history, is newsworthy itself – even as the 2016 election fallout grows more bizarre.

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