Here's a counterpoint by a (Democrat) Lawyer that argued something similar after the 2016 election and lost 9-0 in the Supreme Court. He argued that faithless electors should be possible because they, by the constitution, are selected for who they thing is correct and shouldn't be bound to a specific candidate. The supreme court disagreed. Lessig thinks the supreme court will reject a suit that the legislature can disregard the "will of the people". I think Lessig's original argument was correct and that legislatures and electors should be able to freely select who they will vote for regardless of the popular vote (as dangerous as that sounds) as a check against instances like this election, but I'm not holding out a lot of hope here either. It's definitely possible, but if Alito and Thomas hadn't ruled against him in 2016 I don't think they'll change their minds much on the issue. Who knows though, maybe they'll show more respect towards legislatures.
The article doesn’t say anything about faithless electors or the legislature disregarding is the “Will of the People”. It talks about a pay-to-vote scheme run in tribal areas.
Here's a counterpoint by a (Democrat) Lawyer that argued something similar after the 2016 election and lost 9-0 in the Supreme Court. He argued that faithless electors should be possible because they, by the constitution, are selected for who they thing is correct and shouldn't be bound to a specific candidate. The supreme court disagreed. Lessig thinks the supreme court will reject a suit that the legislature can disregard the "will of the people". I think Lessig's original argument was correct and that legislatures and electors should be able to freely select who they will vote for regardless of the popular vote (as dangerous as that sounds) as a check against instances like this election, but I'm not holding out a lot of hope here either. It's definitely possible, but if Alito and Thomas hadn't ruled against him in 2016 I don't think they'll change their minds much on the issue. Who knows though, maybe they'll show more respect towards legislatures.
The article doesn’t say anything about faithless electors or the legislature disregarding is the “Will of the People”. It talks about a pay-to-vote scheme run in tribal areas.