Noah Feldman: “A federal appeals court has held that members of the Electoral College have a constitutional right to vote for a different presidential candidate than the one they swore to support — and whom the voting public in their states actually chose.”
“It’s a terrible holding.”
“Inventing a right to be a faithless elector invites chaos, elevates formalism over democracy, and shows how indefensible originalism is when applied to evolving norms of democracy.”
“The issue will probably have to go to the U.S. Supreme Court. We can only hope the justices apply common sense and take into account that the point of modern presidential elections is to elect the people’s preferred candidate.”
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