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 in our Constitution. The result of a favorable decision by the Supreme Court would be the nationwide abolition of the winner-take-all system and its replacement with a system that treats every vote for President equally. But many of you have asked us: how do we get to the Supreme Court from here, and how long will it take?

The short answers to both: we get to the Supreme Court by first working our way through two stages of lower courts, and we think we can present the Supreme Court with our case before the 2020 election.

Here’s what will happen between now and then. Soon, with the help of our first-rate legal team (including legal all-star David Boies) and supporters from around the country, we’ll be filing at least two lawsuits, in two different states, arguing that winner-take-all allocation of electors violates the “one person, one vote” principle of our Constitution’s Equal Protection Clause. Those cases will be randomly assigned to single federal trial judges in the particular federal district courts in which we file the cases. For example, if we file a case in Massachusetts, the case will be randomly assigned to one of that state’s 18 federal district court judges.

Lawrence Lessig @ Medium: “Selective constitutionalism”

"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...

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