Colorado Politics

US Supreme Court suspends oral arguments for March; Colorado ‘faithless elector’ case planned for April

The U.S. Supreme Court Monday announced it would suspend its March oral arguments calendar, which was due to start next Monday and run through April 1. 

In the announcement, the nation’s highest Court said it was acting to protect public health. 

Among the arguments postponed for now: two involving President Trump, who is suing Deutsche Bank and his company’s accounting firm, Mazars USA LLP. The President is seeking to block those companies from releasing financial documents, including tax returns, which are being sought by the Committee on Oversight and Reform of the U.S. House of Representatives.

The Court has set a date of April 28 to hear the “faithless elector” case, Colorado Dept. of State v. Baca. The Court has not yet said what it would do about April oral arguments.

The Colorado appeal dates from the 2016 election. Democratic presidential candidate and former US Secretary of State Hillary Clinton won Colorado’s electoral college votes. But Micheal Baca attempted to cast his vote for Ohio Governor John Kasich. Two other Colorado electors – former state Sen. Polly Baca of Denver (no relation) and Robert Nemanich of Colorado Springs also wanted to vote for another candidate but in the end they said they voted for Clinton under duress.

The move was intended to add Colorado’s Electoral College votes to a group of “faithless electors” who intended block the election of President Trump.

Micheal Baca was replaced by another elector, who voted for Clinton. Seven electors in three states (Hawaii, Texas and Washington) voted for someone other than the person who won that state’s presidential election.

In three other states – Colorado, Maine and Minnesota – the votes of three electors were invalidated. 

Twenty-one states have filed a friend of the court brief; another 11 individuals and organizations, including the Independence Institute and University of Denver Professor Robert Hardaway, have also filed amicus briefs.

The Institute’s brief, authored by David Kopel, notes that the U.S. Constitution “permits – indeed, requires – presidential electors to exercise their best discretion” voting for the President and Vice-President.

“The Constitution does not grant those who appoint electors the power to control electors’ judgment any more than the presidential power to appoint judges includes authority to control judges’ decisions,” the brief adds.

Hardaway’s brief argued that if the the Tenth Circuit Court of Appeals’ decision is allowed to stand, (it ruled in favor of the faithless electors), it would “effectively nullify thousands of citizens’ votes and their choice for executive.”

U.S. Supreme Court Justice Sonia Sotomayor has recused herself from the case, citing a friendship with Polly Baca.

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