![handle is hein.journals/inbrf106 and id is 1 raw text is: VIRGINIA LAW REVIEW
ONLINE
VOLUME 106 MARCH 2020 1-27
ESSAY
BOUND ELECTORS
John Vlahoplus*
INTRODUCTION
In a decision hailed as a masterpiece of historical analysis and
originalist reasoning, the Tenth Circuit recently held that the
Constitution prevents a state from binding its presidential electors to vote
for the winner of the state's popular vote.2 The Supreme Court has agreed
to review and resolve this important issue of constitutional law before the
2020 presidential election.3
Far from being a masterpiece, however, the Tenth Circuit opinion is a
selective reading of incomplete linguistic, historical, and judicial
materials. It ignores centuries of controversy over interpreting the law
governing presidential elections. It reaches an overly broad conclusion
that the states' delegated role is complete upon the appointment of state
* B.A., Washington & Lee University; J.D., Harvard Law School; D.Phil., Oxford
University; Member, New York State Bar. Thanks to the Tennessee State Library Archives
and the editors of the Virginia Law Review Online.
1 Jason Harrow, The Originalist Take on Presidential Electors, Wash. Examiner (Sept. 9,
2019, 12:09 PM), https://www.washingtonexaminer.com/opinion/op-eds/the-originalist-take-
on-presidential-electors [https://perma.cc/4K7A-6SDL].
2 See Baca v. Colo. Dep't of State, 935 F.3d 887 (10th Cir. 2019).
3 See, e.g., Associated Press, Justices To Consider Faithless Electors, Ahead of 2020 Vote,
Politico (Jan. 17, 2020, 4:24 PM), https://www.politico.com/news/2020/01/17/justices-to-
consider-faithless-electors-ahead-of-2020-vote-100631 [https://perma.cc/SF2E-FR49].
1](ViewImageLocal?handle=hein.journals/inbrf106&div=1&collection=&method=preview&ext=.png&size=3)
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