Winner-Take-All Presidential Elector System Deemed Constitutional

A federal appeals court has declared the winner-take-all system 48 of 50 states use to assign their electoral college votes is constitutional.
A three-judge panel of the 5th U.S. Circuit Court of Appeals unanimously upheld a lower court’s dismissal of a lawsuit challenging the Texas system.
Two similar lawsuits challenging the practice in additional states are pending in other appeals courts.
Domingo Garcia, national president of the League of United Latin American Citizens, a lead plaintiff in the case, said he expects the issue to wind up at the Supreme Court.
In upholding the current system, the panel cited appellate and Supreme Court decisions going back to the 1960s that have also allowed the policy to stand.
Critics of the system maintain that electors should be allocated proportionally, based on a percentage of the popular vote for each presidential candidate.
The three-judge panel rejected that argument, noting that each citizen in each state is afforded the opportunity to vote and that the winner-take-all system does not deprive anyone of that right.
The panel also rejected other arguments, including the assertion that the winner-take-all system causes national candidates to ignore Texas voters while focusing on swing states, and that it diminishes the incentive of voters whose party or candidate is lagging in state polls to cast a ballot in a presidential race.
In a written statement, Texas Attorney General Ken Paxton said, “only an amendment to the Constitution can change or eliminate the stable and successful presidential election system designed by our Founders.
“The Electoral College has been in constant use since 1789, and the Constitution clearly allows states to appoint electors as directed by the Legislature,” Paxton continued. “Texas and the 47 other states that selected the winner-take-all method are operating in full compliance with the Constitution. This challenge to the Electoral College system is not just baseless, it threatens to destroy the framework of our election process.”
In The News
Health
Voting
Political News
WASHINGTON — A bipartisan bill intended to benefit service dogs working with disabled veterans has been reintroduced by Rep. Patrick... Read More
WASHINGTON — A bipartisan bill intended to benefit service dogs working with disabled veterans has been reintroduced by Rep. Patrick McHenry, R-N.C. H.R. 807, The Working Dog Commemorative Coin Act, would direct the Treasury Department to mint a three-coin commemorative series honoring the role working dogs... Read More
WASHINGTON — Speaking before the National Press Club this week, House Oversight Chair James Comer, R-Ky., said his panel is... Read More
WASHINGTON — Speaking before the National Press Club this week, House Oversight Chair James Comer, R-Ky., said his panel is determined to press investigations into President Joe Biden and his family to ensure they did not illegally profit from relationships with China. “Unfortunately … I feel... Read More
WASHINGTON — It was a victory lap and, as victory laps often are, it was accompanied by a fair amount... Read More
WASHINGTON — It was a victory lap and, as victory laps often are, it was accompanied by a fair amount of tears. The White House called it the “official transition event” from one chief of staff to another, but it quickly became clear in the packed... Read More
WASHINGTON — House Speaker Kevin McCarthy, R-Calif., emerged with a smile from an hour of highly anticipated budget talks with... Read More
WASHINGTON — House Speaker Kevin McCarthy, R-Calif., emerged with a smile from an hour of highly anticipated budget talks with President Joe Biden on Wednesday, but gave no indication how quickly next steps will progress to avoid a default on the national debt. “The president and... Read More
WASHINGTON — The House voted largely along party lines to remove Rep. Ilhan Omar, D-Minn., from the Foreign Affairs Committee.... Read More
WASHINGTON — The House voted largely along party lines to remove Rep. Ilhan Omar, D-Minn., from the Foreign Affairs Committee. The resolution voted on Thursday cited a half dozen comments Omar had made between 2019 and 2021 that were deemed to be antisemitic. In the end,... Read More
CHICAGO (AP) — Emboldened anti-abortion activists are looking to the 2024 presidential election as an opportunity to solidify their influence over the... Read More
CHICAGO (AP) — Emboldened anti-abortion activists are looking to the 2024 presidential election as an opportunity to solidify their influence over the Republican Party. Susan B. Anthony Pro-Life America, the most influential group in the anti-abortion movement, is telling each potential GOP presidential hopeful that to win its... Read More