Faithless no more! said the Supreme Court in Chiafalo v. Washington on Monday. The Court unanimously held that the Constitution allows a state to force its members of the Electoral College to vote according to that state’s popular vote. The case arose during the 2016 presidential election when three of Washington’s electors voted “faithlessly.” Democratic nominee Hillary Clinton won Washington’s 12 electoral votes, and each of Washington’s 12 electors had pledged to cast their votes for Clinton. But when the time came, three of the twelve violated their pledges, casting their votes for Colin Powell. Washington promptly removed the three electors from their posts and find each $1,000. The electors challenged their fines, claiming that the Constitution allows them to vote however they please. The Court rejected that claim, giving us all a bit more faith in our constitutional republic.
“Oyez, oyez, oyez!“That is the Marshal’s call, signaling to all that the Supreme Court is in session. Even though the Court is not meeting in person, the Oyezs this week rang loud and clear. The Court handed down two of the term’s biggest decisions. On Monday, Justice Neil Gorsuch held for a six-Justice majority that Title VII of the 1964 Civil Rights Act outlaws workplace discrimination on the basis of sexual orientation and gender identity. And on Thursday, Chief Justice Roberts held for a five-Justice majority that the Trump administration violated the Administrative Procedure Act when it sought to rescind Deferred Action for Childhood Arrivals, or “DACA.” Beyond these firecrackers, the Court also set off some streamers in its Monday orders list, denying a host of high-profile petitions concerning gun rights, qualified immunity, and “sanctuary” laws. In an ordinary week, the Supreme Court’s presence is not felt around the country. But this was no ordinary week. The Court made its mark—starting with Justice Gorsuch.
Thanksgiving came early this week at the Supreme Court. The Justices issued their first decision of the term, a per curiam opinion in a campaign finance case. We also saw three opinions relating to Monday’s orders list: Justice Alito dissented from a denial of cert in a First Amendment defamation case, Justice Kavanaugh called for a revisitation of the Court’s nondelegation doctrine, and Justice Sotomayor seemed unnerved by a bizarre case of judicial bias out of Arkansas. The Justices also issued a temporary stay in one of President Trump’s tax returns cases. All this to start off the week of the best meal of the year—perhaps the Justices wanted to get their official work done in order to focus on food prep. At any rate, here’s a recap of what happened at the Supreme Court this week.