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Argument preview: Justices to weigh constitutionality of "faithless elector" laws
Supreme Court Unanimously Sides With Colorado, Washington In `Faithless Electors' Case
Held: A State may enforce an elector's pledge to support his party's nom-inee--and the state voters' choice--for President.
Nothing in the Constitution expressly prohibits States from takingaway presidential electors' voting discretion as Washington does. Article II includes only the instruction to each State to appoint electors, and the Twelfth Amendment only sets out the electors' voting proce-dures. And while two contemporaneous State Constitutions incorporated language calling for the exercise of elector discretion, no language of that kind made it into the Federal Constitution. Contrary to the Electors' argument, Article II's use of the term "electors" and the Twelfth Amendment's requirement that the electors "vote," and that they do so "by ballot," do not establish that electors must have discretion.
KAGAN, J., delivered the opinion of the Court, in which ROBERTS, C. J., and GINSBURG, BREYER, ALITO, SOTOMAYOR, GORSUCH, and KAVANAUGH, JJ., joined. THOMAS, J., filed an opinion concurring in the judgment, in which GORSUCH, J., joined as to Part II.
You all will recall the Anti-RBG's quaint, if abrupt and stoic, references to "precedent" and "super-precedent" case law in her confirmation hearing.
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