The Equal Protection Challenge to Winner Take All: A Legal Guide
Lawrence Lessig @ Medium Sep 14, 2017
Today, the non-profit that I founded, EqualCitizens.US, announced it would crowdfund support for two lawsuits to challenge the way votes are allocated in the Electoral College. All but two states allocate their vote according to a winner-take-all system, in which the winner of the popular vote gets all the electoral votes for that state. We believe winner-take-all violates the Equal Protection Clause of the 14th Amendment, and we intend, through EqualVotes.US, to build a case (and a campaign) to get the Supreme Court to agree.
We’re not the first to have this thought. (I was brought to see it by Sam Issacharoff’s essay; last November, I published a related argument on Medium by Jerry Sims.) And we’re not so naive to believe that this fight will be easy. But we do believe that a credible and true argument can be made, and that there is real value in raising and pressing this argument now. In this post, I offer a guide to that legal argument, styled, for quick skimming, as an FAQ.
EqualVotes.US: Where we are, where we’re going Lawrence Lessig @ Medium Oct 21, 2017 Almost a year ago, a bunch of us began talking about how to fix an increasingly dangerous flaw in the mechanics of our Republic — the Electoral College. We had just witnessed the...read more
Lawrence Lessig & Richard Painter @ USA Today: Let’s fix Electoral College. It’ll be easy compared to gerrymandering
Let's fix Electoral College. It'll be easy compared to gerrymandering Lawrence Lessig & Richard Painter @ USA Today Oct 13, 2017 In each state, in a clear denial of proportionality, millions of votes for president don't count. This concept needs urgent legal...read more
The Road To The Supreme Court Jason Harrow @ Medium Oct 5, 2017 The ultimate goal of the Equal Votes project is to have the U.S. Supreme Court find that the winner-take-all method of allocating electoral college votes violates the core “one person, one vote” principle...read more
Why Equal Votes And The National Popular Vote Work Well Together Jason Harrow @ Medium Sep 29, 2017 On September 22, Equal Citizens founder Lawrence Lessig went on Reddit “Ask Me Anything” to answer questions about our Equal Votes project. He received several...read more
Why Courts, Part 2: Courts Are Good At Analyzing Equality Jason Harrow @ Medium Sep 26, 2017 In my prior post, I explained why it’s helpful that, after we file our legal complaint, a court has to take up our case and tell us whether we win or lose. But that raises the...read more
Ask Me Anything about Reforming the Electoral College and Equal Votes Lawrence Lessig @ Reddit AMA Sep 22, 2017 "I’m Lessig of Harvard Law School, here to answer questions about the case EqualVotes.US want to bring to reform the Electoral College. AMA!" More...read more
Why Courts, Part 1: The Court Has To Give Us An Answer Jason Harrow @ Medium Sep 19, 2017 Equal Votes is the first public campaign that has attempted to change the way the electoral college functions through multiple coordinated lawsuits. The stakes are huge: two out...read more
"Selective Constitutionalism" Lawrence Lessig @ Medium Sep 16, 2017 Last week, we launched a campaign to raise the funds we need to bring an Equal Protection challenge to the winner-take-all system for allocating electoral college votes. Tons were really excited about...read more
Removing the Least Democratic Part of America’s Elections Lawrence Lessig @ IVN.US Sep 15, 2017 Voting in America is not easy. You first have to register. You have to find your polling place. In most states, you have to take time before, during, or after work to get...read more