In the conclusion to the rogue elector saga we have been following, the Supreme Court applied what I refer to as the “Erosion Doctrine” to unanimously hold that states can turn their presidential electors into mere rubber stamps, thus depriving them of any discretion when selecting the president. Over two centuries, the power of electors to use their discretion slowly eroded until this case, decided earlier this year, officially killing off that discretion and an original part of the Constitution with it.
This is a special edition of The Law. We discussed the 10th Circuit opinion Baca v. Colorado (2019) back in episode 48 of The Law. Micheal Baca (yes, he spells his first name Micheal, not Michael) is the plaintiff in that case, and he graciously agreed to talk to me about how he became a Presidential Elector, why he did not vote for Hillary Clinton as state law required, and what happened when he refused to rubber stamp a ballot with only one name on it.