10th Circuit U.S. Court of Appeals Destroys The ‘Popular Vote Movement’


A U.S. Appeals court in Denver has destroyed the so-called “popular vote movement” by ruling that Electoral College members are not bound by the popular vote, meaning no state law can force them to vote only for the candidate who won the popular vote.

Leftists have been successful in cajoling a growing list of left-wing states to pass measures demanding that state Electoral College members must vote only for the winner of the popular vote.

This movement is an effort to destroy Trump’s re-election possibilities. Liberals claim that Trump “lost the popular vote” and Hillary should be president, so the left launched this move to try to bind all Electoral College members to vote only for whatever candidate wins the popular vote.

Trending: Ex-NFL Player Arrested for Vandalizing His Own Business with ‘MAGA’ and Racist Slurs

Liberals assume that only leftists can win the popular vote, and this movement was an effort to abolish the Electoral College without actually having to formally abolish it.

take our poll - story continues below

Would more gun control laws reduce mass shootings in America?

  • Would more gun control laws reduce mass shootings in America?  

  • This field is for validation purposes and should be left unchanged.
Completing this poll grants you access to Godfather Politics updates free of charge. You may opt out at anytime. You also agree to this site's Privacy Policy and Terms of Use.

However, many have maintained that it is unconstitutional to force EC members to vote only for the winner of the popular vote. Detractors of the popular vote movement say that EC members have the constitutional freedom to vote their conscience, and not be forced to vote the way a state law says they should vote. Now, a court agrees with that premise.

Per the Associated Press:

The 10th U.S. Circuit Court of Appeals ruled Tuesday that the Colorado secretary of state violated the Constitution in 2016 when he removed an elector and nullified his vote when the elector refused to cast his ballot for Democrat Hillary Clinton, who won the popular vote.

It was not immediately clear what effect the ruling might have on the Electoral College system, which is established in the Constitution. Voters in each state choose members of the Electoral College, called electors, who are pledged to a presidential candidate. The electors then choose the president.

Most states require electors to vote for the candidate who won the popular vote in that state, but the Denver appeals court said the states do not have that authority.

The Constitution allows electors to cast their votes at their own discretion, the court said, “and the state does not possess countervailing authority to remove an elector and to cancel his vote in response to the exercise of that Constitutional right.”

This ruling totally destroys every state rule that tries to force EC members to vote only for the winner of the popular vote.

Of course, what do these leftists mean by “the popular vote.” After all, Trump won the popular vote in 30 states. Hillary only won 20 states. It just so happens that Hillary won the big liberals states such as California and New York.

Sadly, this ruling does not settle the issue, but it is a step in the right direction.

Still, it is likely that the issue will only be settled once it goes to the U.S. Supreme Court.

Follow Warner Todd Huston on Twitter @warnerthuston.

Don't forget to Like Godfather Politics on Facebook and Twitter, and follow our friends at RepublicanLegion.com on Instagram.

You Might Like
Previous Trump Drives Left Crazy by Re-Tweeting Message That He is Like 'The Second Coming'
Next Trump Order Cancels the Student Loan Debt of Disabled Veterans

Join the conversation!

We have no tolerance for comments containing violence, racism, profanity, vulgarity, doxing, or discourteous behavior. If a comment is spam, instead of replying to it please click the ∨ icon to the right of the comment, and report it as spam. Thank you for partnering with us to maintain fruitful conversation.