The Supreme Court will settle two more disputes this year: one over the electoral college and another involving contraceptives offered through employer health plans.
The Supreme Court agreed Friday to resolve an issue that could tip the outcome of a very close presidential election and decide whether electors have a right to defy their state’s choice for president by casting a vote for the candidate of their choice.
Under the little-understood electoral college system, when Americans cast their votes for president on Election Day, they are actually choosing a slate of electors who will, in turn, cast the state’s votes in January. Since the early 1800s, it has been understood that the chosen electors will cast their votes for the candidate who won the most votes in their state, making the January tally a mere formality.
In most presidential elections, a handful of “faithless electors” seek to cast a protest vote, usually for a candidate who is not on the ballot. For the 2016 election, Micheal Baca was chosen as a Democratic elector in Colorado, but he chose to cast a vote for then-Ohio Gov. John Kasich, a Republican, even though Hillary Clinton won the majority of votes in Colorado. Colorado officials then removed him, discarded his vote and replaced him with an elector who cast her as directed.
In 2014, the court’s conservatives sided with the Christian family that runs the Hobby Lobby chain of craft stores and said they had a religious-freedom right to not provide contraceptives directly. But the court’s opinion said its insurers could step in to provide coverage.
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