Tuesday, November 29, 2016
[I]f [electors should exercise independent judgment], it's hard to see how electors would be exercising their independent judgment by deferring to the popular vote. That's especially so because they would be deferring to the popular vote in other states that didn't even vote for them as electors.
. . . It's hard to have electors follow an ancient principle that gives them independent judgment and yet simultaneously follow a newer principle [one-person, one-vote] that takes their judgment away. The two ideas don't readily mix.
More broadly, I would think that any proposal for how electors should vote should be settled before an election rather than offered to resolve an election that already occurred.