Thread by @mjs_DC

The Electoral College is a ticking time bomb right now, and I want to explain why.

Imagine the presidential election were held today and the map looked like this the morning after. A Democrat could still win the presidency.

Why? Because the 10th U.S. Circuit Court of Appeals has ruled that "electors" are constitutionally empowered to vote for any candidate they wish—even if state law directs them to vote for the winner of the state's popular vote.

Ruling here: ca10.uscourts.gov/opinions/18/18…

Colorado sits within the 10th Circuit. The case itself actually involved three "faithless electors" from Colorado.

Now: Imagine Trump ekes out a victory in Colorado, but four Colorado electors say: You know what? We're not voting for the winner of our state's popular vote.

Imagine these four Colorado electors say: We think the Democratic candidate—say, Joe Biden—deserves to be president, not Trump.

And when the electors meet after the election, these four Colorado electors vote for Biden instead of Trump.

Biden has now won the presidency.

In theory, defenders of the Electoral College should support this outcome. It is how the Framers envisioned the system working, as @chrislhayes pointed out this weekend.

In reality, I am not so sure Trump and his supporters would accept a loss this way.
avalon.law.yale.edu/18th_century/f…

@chrislhayes SCOTUS may well hear the 10th Circuit case, since it conflicts with a decision by the Washington Supreme Court. courts.wa.gov/opinions/pdf/9…

There's a decent chance SCOTUS could rule that the 10th Circuit got it right—which means no electors are bound by their state's popular vote.

@chrislhayes In that case, as @rickhasen has written, all electors would be free to "vote their conscience." Each state's popular vote would be advisory.

It is more in line with what the Framers envisioned. And it sounds like a nightmare. slate.com/news-and-polit…

@chrislhayes @rickhasen As @rickhasen explains, the weeks following a presidential election would be miserable, as each party pressured electors to vote for their candidate—regardless of whom the people chose.

Defenders of the Electoral College: Is this what you want?
slate.com/news-and-polit…

@chrislhayes @rickhasen I'd like to see defenders of the Electoral College grapple with this question. Because the system was not designed to be some mathematical formula for picking presidents. It was meant to insulate the executive from the popular will by letting smart individuals pick the president.

@chrislhayes @rickhasen And I haven't yet seen a defense of the Electoral College as originally understood—a system that lets relatively independent electors vote for whichever candidate they choose. Even if, as I said, a few faithless electors buck the will of the people and swing the whole election.