via Daily Kos: A Plausible Action Item via Lawrence Lessig - call your AG in Clinton states

[Farmgirl1961]

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OK, I have been pushing for petitions, etc, but here is an action item which really can make a difference if we push hard to get the AGs in states Clinton won to get on board.

Lawrence Lessig, from Harvard Law, has a really great post up about how one can argue that the “majority rules” approach most states use to choose electors is in fact unconstitutional and violates the equal protection clause of the constitution. He points out that part of the Bush v Gore case in fact sets important precedent for this, and he puts forward a first draft outline of the argument written by a friend of his. The point is that state Attornies General in states Clinton won would have to file to the supreme court for an immediate injunction against the electoral college until this is remedied. Lessig’s friends provides a helpful spreadsheet showing scenarios that could pass the equal protection clause. They essentially mimic the popular vote.

Lessig points out that he is not bringing up the small state vs. big state impact that is baked into the constitution. That would require a full on change to the constitution.

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http://www.dailykos.com/stories/2016/12/5/1607581/-A-Plausible-Action-Item-via-Lawrence-Lessig-call-your-AG-in-Clinton-states