Last month, the Supreme Court heard oral argument (virtually) in two "faithless electors" cases, Chiafalo v. Washington and Colorado Department of State v. Baca.  Presidential electors who wished to vote in 2016 for persons other than Hillary Clinton, who won the popular vote in both states, were sanctioned by the states – a $1,000 fine for the Washington electors and removal for the Colorado electors.  These cases present interesting constitutional, jurisdictional, and legal policy questions, and the justices seemed to consider them close cases during oral argument.  Part I featured some highlights from arguments presented to the Court by amici, and this post will focus on oral argument and the analysis of the case.

Last week, the Supreme Court heard oral argument (virtually) in two "faithless electors" cases, Chiafalo v. Washington and  Colorado Department of State v. Baca.  Presidential electors who wished to vote in 2016 for persons other than Hillary Clinton, who won the popular vote in both states, were sanctioned by the states, with a $1,000 fine for the Washington electors and removal for the Colorado electors.  These cases present interesting constitutional, jurisdictional, and legal policy questions, and the justices seemed to consider them close cases during oral argument.  Here are some highlights from arguments presented to the Court by amici, and part II will focus on oral argument and analysis of the case.