Following President Donald Trump’s electoral college victory – done the way the founders of the nation intended it to be – and subsequent inauguration, there has been a fairly transparent effort to side step the electoral college in the future, and be sure that whoever wins the popular vote is actually the person who gets to sit in the Oval Office. A number of more liberal states, fifteen and the District of Columbia totaling 196 electoral college votes, have now passed laws that would push all their electoral college votes to the winner of the popular vote.
That alone is problematic, constitutionally speaking, and will most likely be challenged in the courts, but so is the situation that occurred in Colorado during the 2016 election. One of their electors refused to cast his vote for Hillary Clinton and instead voted for John Kasich. This was apparently one move in a national effort to reduce President Trump’s electoral college total to be under 270, and send the election to the House of Representatives for settlement.
On Tuesday, the Tenth Circuit Court of Appeals ruled that the elector in Colorado, who was removed and replaced for not voting with the state’s popular vote by the Secretary of State of Colorado, was removed illegally, and therefore no state can force electors to vote any specific way. That case will no doubt go to the Supreme Court as it effects at least five western states directly, and virtually all others with a winner take all system.
However, the decision is being hailed as a way to stop the effort to circumvent the Electoral College and supplant it with a bunch of states throwing all their votes the way of the most popular candidate.
The good news is that the 10th Circuit, with its ruling on Tuesday, has telegraphed the beginning of the end of the Democrats’ latest scheme to end the Electoral College. If a state cannot require that its delegates vote in accordance with its own state’s popular vote, it will therefore also never be able to require that its delegates vote in accordance with the nation’s popular vote.
While the 10th Circuit decision does not directly deal with the National Popular Vote Interstate Compact, the reasoning of this decision will be used when lawyers argue the eventual unconstitutionality of the compact. Tuesday’s court ruling is a brick in the wall that will hinder the Democrats’ unconstitutional attempts to amend the Constitution to abolish the Electoral College.
This case, though, is not going to stop the efforts to abandon the electoral college. There have been hundreds of attempts. None of them have worked. That doesn’t mean the enemies of the nation aren’t going to continue to try.