The U.S. Supreme Court announced Friday it will hear arguments in Colorado’s so-called faithless electors case on April 28, leaving justices two months to weigh a question crucial to American presidential elections.
The high court has set aside one hour for arguments on Colorado Department of State v. Baca, which has been consolidated with a similar case out of Washington state. The court will have until late June to issue an opinion, unless it chooses to hold over the case until October, which is unlikely.
The faithless electors case centers on whether a member of the Electoral College can be forced to vote in accordance with the state’s popular vote. Michael Baca, a Democratic elector from Colorado, chose not to vote in 2016 for Hillary Clinton, whom a majority of Coloradans had chosen. He was removed from his role as a result, a punishment he argued was unconstitutional.
The 10th Circuit ruled in August that Baca could legally challenge his dismissal and that “the state’s removal of Mr. Baca and nullification of his vote were unconstitutional.” A state supreme court in Washington reached a different conclusion about a faithless elector there, leading the U.S. Supreme Court to take the case.
During oral arguments, Colorado will be represented by the attorney general’s office, which believes a Colorado law punishing faithless electors is constitutional. Baca and the Washington elector are represented by Lawrence Lessig, a Harvard Law professor who believes such laws are unconstitutional.
Both sides had urged the Supreme Court to hear and decide the case before the 2020 election, fearing uncertainty if the matter is not resolved by then.
