OA308: Faithless Electors

Today’s Rapid Response Friday breaks down a just-released decision from the U.S. Court of Appeals for the 10th Circuit that has produced a ton of alarming media. Is that alarm warranted? (No.) What did the court actually decide, and how will it affect the 2020 Presidential Election? And what does any of this have to do with Lawrence Lessig?? Listen and find out!

We begin, however, with a grab-bag of questions arising out of Episode 307 on apportionment and revisit an issue that Andrew predicts will hang over the next Presidency. Are there any “quick fixes” to the problem or are we destined to be hung up in litigation?

Then, it’s time for our deep dive into Baca v. Colorado, understanding (a) how this case came about, (b) what it says, and (c) what the implications are for the 2020 Presidential election. Is it some crazy ruling in favor of Trump? What’s “the saddest Hamilton?” Listen and find out!

After that, it’s time for a quick update on the emoluments clause litigation, this time examining a recent ruling by the U.S. District Court for the District of Columbia. What’s the future for individual lawsuits against the President? (Hint: it’s not good.)

And then it’s time for a brand-new banana law-themed #T3BE! Will this slip-and-fall question be enough to get Thomas back in the win column? Listen, and then play along!


None! If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Check out Laurence Tribe’s “Optimist Prime” article in the Raw Story.
  2. For more on apportionment, you can read 2 U.S.C. § 2a and catch up on Franklin v. Massachusetts, 505 U.S. 788 (1992), the controlling Supreme Court precedent.
  3. Click here to read the 10th Circuit’s decision in Baca, and for an example of unwarranted freakout over the Baca decision, check out this wildly-misleading NBC article.
  4. If you love the deep dive, don’t forget to refresh your memory by re-reading Coleman v. Miller, 307 U.S. 433 (1939).
  5. We last updated you on emoluments in Episode 299 and in this fabulous Patreon-only bonus. You can also check out the latest DC ruling.

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-And finally, remember that you can email us at openarguments@gmail.com!

Download Link

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.